Leaseholding couple break up, one moves out. Is there a process?

4 Replies

Sadly, a leaseholding couple has broken up and one is moving out. Never happened to us before. They're already on month to month, as we usually do after a 1 year lease. NJ has some strong anti-eviction law so what I could do is limited anyway if I had a problem with the remaining tenant, which I don't. His gross income alone (from 2 year old application) is 3x the rent.

My inclination is do nothing at all. Or do I really need to issue a new lease so he alone is legally liable?

Hi @Johann Jells ,

I suggest asking the remaining tenant if they would like to renew for another year. If not, keep the situation as is. As long as the rent is coming in I wouldn't stir the pot.

Gregory Rice, Nexus Property Management | [email protected] | (401) 288‑1117 | http://www.NexRI.com

Unless their is some weird contingency that states the lease is contingent upon both sides doing X, in this case being married, then both parties are still bound by the lease and nothing changes on your end from a contractual standpoint.

How does this impact their ability and/or desire to still perform regarding their end of the contract? Only time will tell.

You still have two tenants on the lease. There's probably only a 10% chance that you will be on an all new edition of "Cops" when the ex drives by at midnite and sees her girlfriends car parked out front and proceeds to remove the screen door and then you get the police call because she claims, rightly so, that she is on the lease and is not a trespasser.

I'd approach the guy and let him know that as long as she was on the lease you owe her landlord duty which could involve access when he is not there. If he can't commit to getting her off the lease I'd send them both notice of termination of the tenancy (sorry to lose a good tenant, etc.) and set up a new lease with the guy if he's interested.

This is a win/win for all parties. Also make sure the deposit on the original lease is handled appropriately.

Originally posted by @Bob Bowling:
You still have two tenants on the lease. There's probably only a 10% chance that you will be on an all new edition of "Cops" when the ex drives by at midnite and sees her girlfriends car parked out front and proceeds to remove the screen door and then you get the police call because she claims, rightly so, that she is on the lease and is not a trespasser.

I'd approach the guy and let him know that as long as she was on the lease you owe her landlord duty which could involve access when he is not there. If he can't commit to getting her off the lease I'd send them both notice of termination of the tenancy (sorry to lose a good tenant, etc.) and set up a new lease with the guy if he's interested.

This is a win/win for all parties. Also make sure the deposit on the original lease is handled appropriately.

While the ugly scenario is unlikely, the reccomendation is rational. Though under NJ law a termination must be accompanied by a new lease option (with the exception of owner occupied 2-3 family).