Tenant's broke up and the boyfriend moved out
Lagrangeville, NY · Member since 2017 · 144 posts · 218 votes
Tenant's broke up and the boyfriend moved out
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4yQuote from @Brian Zaug:
Hey all, I had a couple with 3 kids move into one of my apartments a few months ago. We gave them a 7 month lease so it renewed on Aug 1st with the rest of my leases and if all was well, I'd renew them with a 1 year lease.
So I got a call from them this morning saying they broke up and the guy is moving out today. He took all his stuff and left. The girlfriend has enough income to cover the apartment and wants to stay. The boyfriend is asking for me to remove him from the lease. My question is do I have to give him any of the security back or can I simply remove him from the lease and have the girlfriend sign a new lease with her just on it? Is he entitled to half of the security? He's breaking the lease by moving out...not sure here..Thanks for your input..
Get it in writing. If you connect with me and send a PM, I'll share the form I use. It says:
- Tenant A is leaving. They give up all rights and responsibilities to the rental.
- Tenant B is staying. They take full responsibility for the rental, to include any existing damage
- The deposit doesn't move. If Tenant A is owed any portion of the deposit, they must collect it from Tenant B. Upon termination, any refund will be paid to Tenant B.
The DIY Landlord Book4.7247 Reviews
4 Replies
- Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes4y
Quote from @Brian Zaug:
Hey all, I had a couple with 3 kids move into one of my apartments a few months ago. We gave them a 7 month lease so it renewed on Aug 1st with the rest of my leases and if all was well, I'd renew them with a 1 year lease.
So I got a call from them this morning saying they broke up and the guy is moving out today. He took all his stuff and left. The girlfriend has enough income to cover the apartment and wants to stay. The boyfriend is asking for me to remove him from the lease. My question is do I have to give him any of the security back or can I simply remove him from the lease and have the girlfriend sign a new lease with her just on it? Is he entitled to half of the security? He's breaking the lease by moving out...not sure here..Thanks for your input..
So, the guy is bailing on his wife and 3 kids, eh? He gets nothing. He broke the lease (among other bad choices) and has to pay. He is on the lease until it renews and if she wants to renew when the time comes, in her name only and qualifies, then so be it.
And you never know, he may "man up" and get over his sorry disposition, reconsider and move back in. - Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes4y
Quote from @Brian Zaug:
Hey all, I had a couple with 3 kids move into one of my apartments a few months ago. We gave them a 7 month lease so it renewed on Aug 1st with the rest of my leases and if all was well, I'd renew them with a 1 year lease.
So I got a call from them this morning saying they broke up and the guy is moving out today. He took all his stuff and left. The girlfriend has enough income to cover the apartment and wants to stay. The boyfriend is asking for me to remove him from the lease. My question is do I have to give him any of the security back or can I simply remove him from the lease and have the girlfriend sign a new lease with her just on it? Is he entitled to half of the security? He's breaking the lease by moving out...not sure here..Thanks for your input..
Get it in writing. If you connect with me and send a PM, I'll share the form I use. It says:
- Tenant A is leaving. They give up all rights and responsibilities to the rental.
- Tenant B is staying. They take full responsibility for the rental, to include any existing damage
- The deposit doesn't move. If Tenant A is owed any portion of the deposit, they must collect it from Tenant B. Upon termination, any refund will be paid to Tenant B.
The DIY Landlord Book4.7247 Reviews - 4yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
If she qualifies, write a new lease with her. The two of them can sort out the deposit and with the new lease state that any damages from the first 7 month lease with her and her partner transfer to the new lease.
- Rental Property Investor · St. Louis, MO · Member since 2014 · 741 posts · 424 votes4y
@Brian Zaug If the remaining tenant's income qualifies, let her fulfill the lease on her own. You mentioned 3 kids, which sometimes challenges the move-in conditions. Why not have a move out inspection on Monday? See if the adults need to pay for any damages or repairs that arose since move-in. The guy leaving is responsible for half of any repair charges and should be paid for now.
After inspection, you can talk about security deposit. What does the lease say? Mine says that the security deposit will be held until all parties vacate and will be returned according to the law. If your records show that they each wrote a check for half and no repairs charges are immanent, the departing person may be owed money IN AUGUST.
Amend the lease original with a one page Addendum. 'This Addendum is made by and between X (Landlord) and X and X (Tenants) made on (date of the original lease agreement) for the property located at (give dwelling address). The LL and Tenants agree to amend the Lease Agreement. The LL and Tenants agree that X may be released from all obligations of the lease signed on (name the date of the original). X will no longer be responsible for rent or damages from this date forward. X will be solely responsible for monthly rent and charges that may arise from renting the property at (give address). The security deposit will remain with the LL until all parties vacate the premises and will be refunded according to the law. All other terms of the rental agreement remain unchanged.' All parties of the original lease must sign the Addendum.
In July, inspect again (3 kids) and decide if you want to amend the term for another year, or not. Repair charges must be paid in full, along with signing the renewal, for the new term that begins Aug 1, 2022.
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