tanent issues - lease break options

[Ron Singh]

So, tanent (renting for about 8 months here) called saying his fiance left, so he can't pay full rent.

both of them are on lease ,now I don't want to be a warden and manage roommates etc.

I would rather prefer to rent to a family vs dealing with roommate issues.

time left in lease= 11 months
SF bay area

- can I allow him to break lease and leave
- can I sell the property (i don't want to ,but if they can't pay and don't leave ? )
- how to make sure they leave nicely, without trashing the place.

what do you suggest in this scenario or how would you deal with the situation 

[Erik W.]

@Ron Singh,

A few things...

1) Does your lease say that all lease signers are "jointly and severally liable" for all conditions of the lease?  If yes, then the move-out fiancé still owes.  I'd get in touch and remind fiancé that you don't care where he/she lives; he/she still owes and he/she will still get sued for the rent if not paid as agreed.  Where they live is immaterial: they both owe the entire amount.  There is no 'share' of the rent.  There is simply the rent.  One rent.  One deposit.  How they work that out between themselves is not your concern.

2) You say you don't want to manage roommates, but you already were.  Fiancés are just that in the eyes of the law: they have no joint legal entity.  That's why I ignore anyone who uses the term.  They are roomies, plain and simple.  Sure, they think they're all in love forever, but in reality usually it's just sharing living expenses and free sex.  No different than friends with benefits.  Over half of couples these days aren't married, so you might as well get used to this scenario.

3) Do not, I repeat DO NOT say you "prefer families" over singles.  It is illegal discrimination under Federal Fair Housing based on familial status.  Here's the cheat sheet of what you CAN'T prohibit/favor/disfavor, etc.  Don't even hint that you favor / disfavor one of these or you risk big, expensive lawsuits.

• race
• color
• religion
• national origin
• sex
• disability
• familial status

So bottom line, if it were me in your shoes, I'd 1) encourage him to find a new roommate/fiancé/whatever ASAP and 2) contact ex-fiancé and remind him/her to pay up or get sued.

UPDATE: btw, a lease is a contract, so all parties must agree in writing to any changes.  This is important because if move-out fiancé wants off the lease, everyone has to sign papers to make that happen.  Don't just allow a new roomie to move in either: move-out fiancé has to agree to that, which he/she probably will to get his/her name off the lease.  But do not assume this to be true.  Be sure to dot the "i's" and cross the "t's".