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Updated about 1 year ago on . Most recent reply
![Peter Christensen's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/2024843/1627913256-avatar-peterc329.jpg?twic=v1/output=image/crop=2067x2067@803x0/cover=128x128&v=2)
Tenants broke up with each other - now want to modify lease
I am self managing a SFH in St. Paul, Minnesota. The tenants are boyfriend/girlfriend and under a 12 month lease that started July 1st and so far have been all star tenants. They pay on time, they notify when things go wrong, etc.
Out of nowhere I got a text this past weekend from the girlfriend saying they have broken up and the boyfriend is moving out soon, but she plans to stay and promises that her parents will help with rent until the end of the lease.
I imagine this stuff happens all the time, and it really wouldn't bother me at all if they had handled this all privately and not involved me as long as rent kept getting paid, but she is saying she wants the lease amended so that his name isn't on it anymore. I explained to her that he is a tenant with rights just as much as her, and I can't just remove him from the lease. I got his side of the story, and he didn't want to involve me. He knew he technically was still on the hook for the rent, but apparently he trusts her and her parents enough to make rent and the situation not to cause any issues for him down the line.
Since first talking to them, they have now come to some agreement where he is fine with signing something saying he's not on the lease anymore. I guess her parents don't want him to have the ability to turn around later and say he wants to move back in or something like that so they want him off the lease. I told them I can see what I can do, but I haven't made any promises, and that I have to protect my investment.
How would you handle this situation? I use the standard Minnesota lease agreement and I don't see anything in it about removing individuals from the lease but keeping it active. I don't even know how to terminate the lease mutually if I wanted to, which is an option I explored, because she said she would then sign a new lease that would last until the end of the original lease. I really would like to avoid involving any lawyers since that would of course be very expensive. Anyone else encounter this situation before?
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![Matt Devincenzo's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/89909/1646581305-avatar-mattdevincenzo.jpg?twic=v1/output=image/crop=2880x2880@0x105/cover=128x128&v=2)
You don't need atty's or PMs...as long as everyone in the 'contract' (lease) agrees then you just change it. So a simple one page addendum/amendment is all you need. Just make sure that the financials of deposit etc are spelled out...they can settle up between themselves right now, or in 6 months if they need to.
"As of Dec 1 tenant 1 (Bob Smith) is removed from the lease dated XXX and waives any claims security deposit or any rights and access to the dwelling. Additionally tenant 2 (Jane Doe) assumes all responsibilities within said lease and releases tenant 1 from all obligations and responsibilities."
Have everyone sign it and move on about your day.