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Updated almost 5 years ago on . Most recent reply

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80
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Diane Stinebaugh
  • Fayetteville, AR
34
Votes |
80
Posts

my best tenant's ex-boyfriend won't move out

Diane Stinebaugh
  • Fayetteville, AR
Posted

The lease is in her name.  She got the house on her credit and job.  She had her boyfriend added to the lease as a person living on the premises.  They broke up and he doesn't want to go.  She has tried to find another house to rent in town (there are none) to get away from him. The new lease is still in her name and as requested, I have taken his name off.  He is supposed to be out by May 1st.  I have spoken with him and given him a letter explaining that she is the lease holder and he is not and that he has to go.  Anybody have this happen before?  I plan on having the locks changed.  And I figure I will have to call the police about him.   Any advice?

thanks!

Most Popular Reply

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Patricia Steiner#3 General Landlording & Rental Properties Contributor
  • Real Estate Broker
  • Hyde Park Tampa, FL
3,946
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Patricia Steiner#3 General Landlording & Rental Properties Contributor
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

This isn't a new problem but a new lease doesn't cure it; take a look from an avvo post:

"You and your roommate are both able to request that the landlord give you the renewal lease. However, even if you sign the renewal lease and exclude your roommate, your roommate would not be required to voluntarily vacate. A Holdover eviction action would have to be commenced against your roommate and a judgment of possession obtained."  (End)

A lesson that landlords and property managers have learned over and over again is that you cannot/should not/never ever involve yourself in the personal problems of tenants or attempt to resolve those for them.  It never works.

You may consider letting her break the lease - and assign a move-out date in writing to both of them. Otherwise, an eviction will be needed and it would be one that most likely your tenant would need to pursue.  

You're running a business that doesn't include OPP - "other people problems" resolution.  

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