Two friends rented. Now one wants out any ideas

6 Replies

We rented a SFH to two girls who split the rent. One has two kids the other is single. They have been living there for 2 months and have made separate payments each for there 1/2. I got an email saying the one single girl can not live with the other for moral reasons. We have also found out the other girl has had her boyfriend living there. ( not on contract). The single girl is a great person who we want to work with but there is 9 months to go,

I don't think this is going to end easy just a feeling on the mother of two with a boyfriend. Should I insist on a background check on him and then new contract? Raise the rent on it?

Should I offer to get both out and return deposit? If the leave it as they found it.

I want to avoid the eviction if possible and move forward.

Any idea's or suggestions?

@Kevin LIVINGSTON   I would contact the single one and tell her to have a conversation with the mother and have them come to you with a solution to the problem.  

See what they come back with.  They signed a lease with you, let the single tenant know that everyone gets evicted if it comes to that.  See if they can come to a compromise on their own, a compromise that you approve obviously.  If not?  Start the eviction.

The bottom line is they signed a lease and are breaking it.  If they can't come up with a creative solution that you approve then you have to do what you have to do.  You are running a business

Hopefully your lease has all the adults who reside there listed as jointly and severally liable. I agree with @Michael Noto  , you need to have a conversation with all the adult tenants. They need to work out a solution that you agree to.

You also need to address the issue of the unauthorized occupant, if that violates your lease. Has the boyfriend already established tenancy by what the laws of your jurisdiction would support?

It is not uncommon for tenants, especially those in a house share situation, to want to change the make-up of the household. If you don't already have a process in place, now would be a good time to establish a way for them to do that and still save the tenancy.

Thank you for your idea's they wee very helpful.  The girls have agreed to move out by the end of the month. So looks like we will get it back and can move on with out having to do an eviction. Should I press the matter for part of March rent?  I was in the house last month and it was clean so I do not see a problem with the deposit going back.

We did not want to keep the mother and boyfriend(no job) as renters.

Just curious,  did you already tell them you would return their deposit?  If it were me I would keep the deposit and tell them it was forfeited for breaking the lease. Or tell them you are applying it to their March rent since proper notice wasn't given. Either way they should feel that you are doing them a favor for not taking them to court. I manage properties in Kansas City, here we have the right to hold them responsible for the rent loss for the remaining term of the lease or until we get a new tenant. 

Good point!

No I have only stated that the house would have to be move in ready by the end of the month. So we could save everyone as much as possible in this contract breaking. I really did not want to go to an eviction process it I could avoid it. I was thinking keys for dollars but now looking back I may have cost myself. 

So here is what I am looking at We had this house for 2 months (1 fixing it up to rent, 1 trying to rent it). We went through allot of people we wanted to rent to but they did not sign. Then we got these two girls. Rented it Dec 1st through 2/28 3 cold months. So now we get it back and rent it at a better time of the year. We may loose on some rent if it takes too long but I think we were a little high on the rent anyway.  So nothing lost at least but nothing gained.  I am not sure on the law on the rent and holding the deposit. I thought the deposit was separate in the eyes of the law. 

So, you had paying tenants in the worst months of the year - great!

People will start getting their tax refunds soon and you'll have the phone ringing your ears off. They're moving out at the perfect time. 

You have the right to keep the deposit for the prorated time that you did not have a tenant. I.e. If they move out Feb 28th and you only find a tenant to move in March 16th, then you can keep half the month deposit. 

I would utilize that to make them help you find tenants and allow you to show it while they're still in the house. They then have a vested interest in you getting a tenant as quickly as possible.

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