One person walks out of property

Houston, Texas
General Landlording & Rental Properties
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One person walks out of property

Jason NA
Member since 2023 · 6 posts · 0 votes

Hi, 

I have a weird situation with one of the rentals in Houston area.  So, on the lease, there are three people (Mom/Daughter/Daughter's boyfriend).  Apparently, daughter and her boyfriend, the relationship is not working out and daughter told me the boyfriend will be walking out of the house with all his belongings soon and she is asking me to change locks because she does not want his boyfriend that has the key now will still have access to the house in and out.  So far, daughter was the one paying all rent and been in contact with me about the house and boyfriend is almost non-existence.  If daughter asks me to switch locks, can I do that without any legal implication or do I have to give keys to all leasees regardless of the personal quarrels between them?  I doubt the boyfriend will contact me for key, but did not want him to feel discriminated since he is still on the lease.  What should I do in this case?

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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,

If he is named on the Rental Agreement, he has a right to entry. You need to remove him from the agreement with an addendum, signed by ALL parties. You also need to be sure the remaining parties qualify based on the reduction in income. Lastly, you need to reach agreement on disposition of Security Deposit, in writing. Also, the remaining tenants should pay for any lock change.
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  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    If he is named on the Rental Agreement, he has a right to entry. You need to remove him from the agreement with an addendum, signed by ALL parties. You also need to be sure the remaining parties qualify based on the reduction in income. Lastly, you need to reach agreement on disposition of Security Deposit, in writing. Also, the remaining tenants should pay for any lock change.
    8Reply
  • Nathan Brown
    Property Manager · Phoenix, AZ · Member since 2023 · 101 posts · 77 votes
    3y

    Adding to the great answer above, this is the risk tenants take when they put roommates on a lease. Either the remaining tenants requalify to carry the lease themselves moving forward (however you defined that be begin with), or they all must continue to be treated equally. This means motivation for the departing guy to sign an addendum removing himself, because if the two remaining default in the future, he can and should still be pulled into the eviction judgement. The only exception I can think of to this rule would be if one of the parties were to obtain an order of protection, or whatever you call it in your state.

    1Reply
  • Eliott Elias
    Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    3y

    Cancel the lease with the boyfriend if he was on it. 

    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    Have the boyfriend put it in writing that he's leaving and taking his belongings. They can sort out the deposit. If she wants to change the locks, she can pay for the re-keying and give you a copy of the key.

    0Reply
  • Jason NA
    OP
    Member since 2023 · 6 posts · 0 votes
    3y
    Thank you for the awesome answer!

    Quote from @Richard F.:
    Aloha,

    If he is named on the Rental Agreement, he has a right to entry. You need to remove him from the agreement with an addendum, signed by ALL parties. You also need to be sure the remaining parties qualify based on the reduction in income. Lastly, you need to reach agreement on disposition of Security Deposit, in writing. Also, the remaining tenants should pay for any lock change.

    0Reply
  • Jason NA
    OP
    Member since 2023 · 6 posts · 0 votes
    3y
    Thank you for the awesome answer!

    Quote from @Nathan Brown:

    Adding to the great answer above, this is the risk tenants take when they put roommates on a lease. Either the remaining tenants requalify to carry the lease themselves moving forward (however you defined that be begin with), or they all must continue to be treated equally. This means motivation for the departing guy to sign an addendum removing himself, because if the two remaining default in the future, he can and should still be pulled into the eviction judgement. The only exception I can think of to this rule would be if one of the parties were to obtain an order of protection, or whatever you call it in your state.


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  • Jill F.
    Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    3y

    I would leave a message for the bf asking him to call me but I would be surprised if he did. If he doesn't call, then I would go ahead and change the locks per the gf request.  Then if bf ever call's you back to complain about the lock change you can tell him you tried to reach him regarding taking him off the lease and changing locks but he never called you back. How long is left on the lease? Make sure you officially non-renew it a lease end and do a new lease with gf and mom if they stay. The bf would have to take you to court to do anything about the lock change and your phone call will at least muddy the water in the VERY, VERY unlikely event that he decides to pursue the matter in court.

    In the super unlikely event that he returns your call, you can frame the situation for him by explaining his risk by staying on a lease when he isn't living in the apartment (if they get evicted or cause damage he will be liable). If he's smart he'll want off the lease.

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y

    I use a written agreement that explains what is happening. I get it signed by all parties so there's no confusion.

    If the remaining Tenant wants the locks changed, she can hire a locksmith to do so and then provide you with a copy of the key. It's a tenant-caused expense, so they pay for it.

    If you connect with me and send a private message, I can share my "Remove Tenant Addendum."

    The DIY Landlord Book4.7247 Reviews
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    1Reply
  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    3y
    0Reply
  • Jason NA
    OP
    Member since 2023 · 6 posts · 0 votes
    3y
    Quote from @Jill F.:

    I would leave a message for the bf asking him to call me but I would be surprised if he did. If he doesn't call, then I would go ahead and change the locks per the gf request.  Then if bf ever call's you back to complain about the lock change you can tell him you tried to reach him regarding taking him off the lease and changing locks but he never called you back. How long is left on the lease? Make sure you officially non-renew it a lease end and do a new lease with gf and mom if they stay. The bf would have to take you to court to do anything about the lock change and your phone call will at least muddy the water in the VERY, VERY unlikely event that he decides to pursue the matter in court.

    In the super unlikely event that he returns your call, you can frame the situation for him by explaining his risk by staying on a lease when he isn't living in the apartment (if they get evicted or cause damage he will be liable). If he's smart he'll want off the lease.

    Thank you very much for the detailed insight and wise advise! I will definitely try your advise!
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