One of two tenants vacates....lease dead?

2 Replies

I know this is probably state specific, but, perhaps many states have the same laws. An unmarried couple rented a property from me. They ended up as a terrible couple. She moved out, then convinced him to move out so that she can move back in. It almost sounded like a "who gets the house in the divorce?" scenario, however, the house is not either of theirs....it's mine. Anyway, this lady likely does not qualify on her own. I'm due to have a conversation with her about this today. My advice to her is to to give me the keys and walk away. However, her ex tells me she's acting irrational as if she owns the house.

Is this lease void the moment they vacate?  I've already started the process w/ my 5-day notice letter and on Tuesday I will file for eviction, just as my process dictates. But, I do wonder if this thing is dead the moment they vacated.

Nope.  One of them moving out is really irrelevant to you.  Both are still on the lease.  Both are still responsible for the rent and the property.  If the rent isn't getting paid, proceed with the eviction.  But one of them moving out is not likely to be grounds for an eviction.  

Jon Holdman, Flying Phoenix LLC

I'm with Jon. If they both vacate and turn in the keys... different story.

Remind them that if you file, that is NOT in their (or your) best interest. So either vacate or get their collective act together