All Forum Posts by: Justin S.

Theresa,

There is 5 months left on the lease.  If renter 2 found someone, that would require an additional renter being added to lease correct?  It is a two bed place, so how would 3 people potentially play out as for living arrangements should the third up and decide to move back in?

Nathan,

I do plan to sign off and preform screening of tenant but intention was to let current renters do the initial leg work of finding and vetting a replacement.  However, I what I am really curious on is,

Is it renter 1 or renter 2 responsibility to find new tenant?

Do both current renters have to sign off on replacement?  For example, I as landlord may deem new tenant acceptable but renter 2 does not think it will be a good fit with replacement. 

Thanks for your advice.

Looking for advice with sublet situation.  One renter (renter1) has moved out for a new job but is still paying rent.  Renter 1 would like to sublet to offset expense.  Renter 1 and renter 2 (renter that still resides at property) are at odds with one another.  

I am assuming it is renter 1 responsibility to find and preliminarily vet sublessor since renter 1 is the one moving out?  

If renter 1 has moved and renter 2 doesn't help facilitate showing of property, is it still renter 1 responsibility to come to city and show property?  Landlords?

Does renter 2 have ability to not 'approve/sign off' on sublessors?  

What about if renter 2 states they feel uncomfortable with living with potential sublessor?

Do both original renters and new sublessor need to sign off with landlord?  What is typically done?

Alot of questions but appreciate anyone that has experience and knows how this is typically handled.

Thanks,

Thanks Michael.  The only benefit from my prospective was the less risky case with monies paid and tenant gone vs tenant gone and they decide not to pay.  But yes agree most landlords would just say you guys are liable and figure it out yourselves.  

Both tenants are joint and several liable.  One tenant request to leave for a new job.  Only options in lease to leave early are to payout full balance remaining on lease term or sublet pending landlord approval.  

The tenant wishes to payout "their" portion of rent until remainder of lease term.  Given the jointly and severally liable, there isn't an individual option for just "their" portion.  

First option is for both tenants to continue paying rent as they are doing through remainder of lease. 

Second option is to continue to search for sublet, mitigating monthly expense.

The third option is my question, can the two tenants write up an agreement, whereby I would witness and sign off on as well, that the tenant wishing to move pay remaining tenant 'their' portion of rent due for lease term?  There are benefits for each individual over other options.  The outgoing tenant would be removed from lease after move out date for their benefit.  Landlord would walk through with remaining tenant and all agree that remaining tenant takes over condition of premises.  The remaining tenant would then be solely liable for full balance due each month until lease ends with the outgoing tenant's monies in hand.  From landlord's benefit, the remaining tenant has shown to be very responsible and it is easier to contact someone not paying rent at property, should it occur, than someone that is in another city.  There is concern that moving tenant would decide not to pay at some point and thought is that it would be better to have money in hand of remaining tenant than not.  

Thoughts?

As for settling rent due.  Would it be best to prorate rent on original lease agreement?  How does ending a lease, middle of month, affect monies due in this scenario?

Karen F, 

This sounds like the right approach and avoids subletting issue for such short duration at end of lease.  I am assuming a form cancelling lease would just need to be created and signed by all parties for current lease?

Thanks for advice.

One of two tenants has decided to move out middle of last month of 12 month lease.  The other tenant is wanting to sign a new lease, following current lease, and has also found another renter to start new lease with.  This new renter would also like to move in a couple of days just after the current tenant leaves middle of month.  I understand two original tenants are still on hook for original lease.  Question is in regards to subletting.  Since the tenant staying found new renter, can the tenant staying also sublet house?  Typically the tenant leaving would sublet in their absence.  Hopefully the above makes sense.  For reference this is a 2 bedroom house.