One tenant wants to break the lease : ezLandlordForms

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Constance I

started a topic over 6 years ago

I have a boyfriend/girlfriend couple renting one of my units. Both are on the lease. The girlfriend has informed me she wants off the lease. I explained to her the boyfriend would have to consent and sign for her to come off. I spoke with him several weeks ago and he said he had no intention of leaving until the end of the lease and that they were having problems and he would talk with her. I told her that if they wanted out of the lease early, they would have to find another tentant with good credit and background to take over. Most recent communication I had from her said she is not living there and she cannot pay and he had a car accident. I have been unable to reach him. I have one month's security rent from them. Do they have the right to claim that money if I let them out of of the lease and there are no damages?

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Scott H

said over 6 years ago

Don't release anyone from the lease. Tell them if they want to return possession, (give you the keys and clean the place out and tell you in writing to find a new tenant). You will put it back on the market and find new tenants forget about them finding someone, unless they already know a person looking for a place it's not worth the trouble. Tell them the sooner you get possession the less they'll owe, Once you find a new tenant figure-out the lost rent from it being empty, costs of advertising, realtor fees, cleaning, and repairs. If those costs are less then deposit then they get the extra returned to them, if more send them a bill for the difference. They should have Joint and Several Liability for the lease meaning that the are both responsible to make sure you are paid 100% not one 50% and the other 50%. hopefully you have a roommate addendum like the one on here for them in the lease.

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Scott H

said over 6 years ago

The other problem you may have is he may want to stay with or without her which is fine as long as he makes sure you get the rent every month. In that case I still wouldn't release her. The more people that are on the lease the more options you have to get restitution for damages and unpaid rent..

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Constance I

said over 6 years ago

Thank you for your responses. I really appreciate it. They both agree they do not want to stay. When they return the keys., what should I have them sign?

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Scott H

said over 6 years ago

Here is a link to a pdf you could copy: http://www.salefishpm.com/pdf/Return%20of%20Possession%20and%20Confirmation%20of%20Vacating%20Premises%20form.pdf. Maybe add something about they understand that the costs of finding a new tenant and lost rent may be deducted from their deposit. i.e. "The landlord may deduct costs to find a new tenant from the deposit including but not limited to: advertising, realtor fees, and the pro-rated cost of vacancy."