BiggerPockets

Rented a small two bedroom to a young unmarried couple, never one of the most reliable renter groups, but it was November, and within two months the boyfriend has moved out.

Of course no comment to us, rent was not late in January, but that looks like stormy weather ahead.

Thinking about sending the boyfriend a letter reminding him he signed a year lease and is legally responsible for the lease's responsibilities.

Theres no reason to send any letter, there has not been any late payments or anything to justify doing so, and doing so would just piss me off if i was him.
Also, unsure if you know, both Lucia Waibel and Lucia Weial show up in your signature..

Did they both sign the lease? Or just the one?
How did you find out that he has moved out?

That will most likely have an impact on the answer when the rent is late (stormy weather). But the answer is best gotten from an legal eagle (attorney) in your area that deals with the tennant landlord isuues.

Originally posted by Lucia Waibel

Unfortunately, I am not sure what the legal eagles will make of this.

If the young man has moved out and I do not react, is there any implicit acceptance of this which could negate any legal claims of the lease?

Thanks for the tip on the profile mistake, it is fixed.

Lucia, You need to talk to the lawyer who would usually handle your evictions. Depending on your state laws ... you might be required to proceed one way or another. Where I live...as long as the rent is coming in...I would not worry about sending a letter to anybody.... until rent is late, then I would proceed to make all the signers of the contract to pay...I know that here in Ne. the law backs up the landlord. Good luck.

Hi again, Ask yourself this, if one tenant was killed in a car crash last week, what would you do? Would you continue with the lease? If there is no default in payment or any other lease provision, why is the glass half empty? If rent is not paid, evict her as you normally would, she has no other rights because her boyfriend left her. If you evict, name everyone on the lease, as if they were there. If you seek a judgement, name both of them. Notice should be to their last know address for both issues. If you can't find him for any deficiency judgement, collect it from her, that's what you'd have to do if he died, unless you filed against his estate and if your judgement was after his estate had been settled, you have no recourse with him. Implied acceptance of what? That people get divorced, break up, die, become incapacitated, if these issues are not covered in your lease, they are in law. Acceptance of a contractual relationship is one thing, if you have control over the matter or if you can object. How are you going to object to someone leaving or dropping dead?
Even if you did qualify both parties for the rent and they no longer have the capacity, in your opinion, to pay rent, you can't terminate a lease based on your opinion of their financial capacity, you must wait for an event of default under the terms you agreed to. The only time income becomes an issue for a tenant is when they can't pay or if their income increases and they no longer qualify for rental assistance, as with Section 8. The idea of making such concerns an issue with the existing tenant is almost a violation of quiet enjoyment! That includes an obligation on your part not to harass your tanant(s). Or, make an appointment with your attorney and make his car payment for him next month, LOL

If this matter is a real issue for you see your attorney before you bring such concerns up with the tenant, they may be young, but it's likely they have parents or other adult friends that may become a part of the issue. I'd leave sleeping dogs lie on this issue. Bill

Excellent comments and explanation Bill. Nothing else I could say would add much to what you said as I see it the same way you do. It isn't a problem until it becomes a problem.

Good investing.

Mike C