Removing a Tenant from a Lease Urgently (While Roommates Stay)

Removing a Tenant from a Lease Urgently (While Roommates Stay)

New to Real Estate · Austin, TX · Member since 2019 · 15 posts · 10 votes

Hi, 

I have a house with a husband and wife and two grandparents. The husband is moving out (and unfortunately getting a divorce) while the remaining family members will stay and carry out the remainder of the lease. 

I have a lease amendment form that I can fill and have each tenant sign to take the husband off the lease. What considerations I should take moving forward? For example, effective dates - I understand their situation is getting ugly and the husband is not staying in the house currently. The remaining family members are asking for the lease amendment ASAP while the husband has asked for three more days to move out his belongings. I assume it's customary to have the effective date 30 days later for a courtesy period of transition, unless both parties agree with an immediate effective date(?). 

Any advice on how to go about this appropriately and things to account for? I want to do this in the right way without getting involved in the tenant's personal issues.

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Member since 2022 · 405 posts · 455 votes
3y

If both parties agree to an amendment ending the husband's residency, I would go ahead with this date even if it is less than 30 days. Just have the husband send you an email/letter stating they would like to end their residency on X date. 

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  • Member since 2022 · 405 posts · 455 votes
    3y

    If both parties agree to an amendment ending the husband's residency, I would go ahead with this date even if it is less than 30 days. Just have the husband send you an email/letter stating they would like to end their residency on X date. 

  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Jonathan Rivette:

    I have a form for this. Connect and request a copy.

    The form should say Tenant A is leaving. They give up all rights to the property.

    Remaining tenants take all responsibility for the lease terms, including payment of rent, condition, etc. 

    Deposit remains in place. If departing tenant is owed anything, they have to get it from the remaining tenants.

    The DIY Landlord Book4.7248 Reviews
  • New to Real Estate · Austin, TX · Member since 2019 · 15 posts · 10 votes
    3y

    @Zachary Ware that's a good shout - best to get a paper trail on that. Appreciate the response!

  • New to Real Estate · Austin, TX · Member since 2019 · 15 posts · 10 votes
    3y

    @Nathan Gesner those are very helpful points. Just sent you a connect & message!

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    Be sure you have current income/employment info on remaining parties and that they meet your screening criteria. If the husband was primary bread winner, you may instead need to simply non-renew all of the parties. In that case, I would generally not remove anyone from the agreement.
  • New to Real Estate · Austin, TX · Member since 2019 · 15 posts · 10 votes
    3y

    @Richard F. Very good point. Thank you!

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