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All Forum Posts by: Roger Laughary

Roger Laughary has started 9 posts and replied 83 times.

Post: Removing a Lessee from a Lease

Roger LaugharyPosted
  • Rental Property Investor
  • Wichita, KS
  • Posts 83
  • Votes 45

My understanding is she paid the deposit and rent for every month. It has all been by with her checking account. 

Post: Removing a Lessee from a Lease

Roger LaugharyPosted
  • Rental Property Investor
  • Wichita, KS
  • Posts 83
  • Votes 45
Originally posted by @Account Closed:

Have you contacted the BF by any chance?  He is still your tenant, after all.  Ask him if he'll sign a mutual termination agreement.  If he will, you can write up a termination agreement that includes both of them.  Then, simply write a new lease with just her on it.

You could let him know that just because he's moved out, if she doesn't pay the rent or gets evicted, you can sue both him and her, and if she gets evicted, he'll be named on it, too.

It would be a bad idea to try and trick the guy, if he's crazy.  So, getting him to voluntarily sign a mutual lease termination letter that you all three sign, would be best.

Eviction would be a last resort, because she'd have to be named on it, and any eviction action that gets filed, would put her name on an eviction report database, and that would be awful for any future renting for her.

If he won't sign with her still living there, the only other thing I can think of is to have her move out and break the lease.  Then it wouldn't be an eviction.  Then get him to sign a termination agreement or get sued for rent for the rest of the lease.  Then, let her move back in with a new lease.

Bottom line, is you need him to sign off on a termination agreement, so you can enter into a new lease with her.  And maybe if you sit down with the guy, you can get him to just do it.

 I would love to contact him. Unfortunately he changed his number when he moved out and I have been unsuccessful getting a new number. She doesnt have it either. 

Post: Removing a Lessee from a Lease

Roger LaugharyPosted
  • Rental Property Investor
  • Wichita, KS
  • Posts 83
  • Votes 45

Hi all,

I'm struggling with an odd situation and hoped to get some good input from someone who knows the law better than I do. I started a lease on a couple last year (2 year lease) and they have since broke up. The guy has vacated and she has stayed there with her kids and is a very good tenant. He has allegedly been harassing her and threatening to move back in because he is on the lease. I truly believe he is just trying to make her life hard because she rejected him. She actually filed a PFA at one point, but for some reason it didn't stick. She says she's moving if he comes back and I would prefer her to live there, as she has been very reliable. She pays well and takes great care of the house. She's also offering to sign a longer term lease if I remove him.

1. Can I remove him and rewrite a lease without his written consent if I chose to?

2. I have been told by some never to remove a lessee no matter what. Is this an exception due to her being threatened?

3. Could this backfire on me if he chose to try and reclaim his right to the property during the original lease?