remove someone from lease renewal before it takes effect

2 Replies

This is a good one!

Purchased a property with tenants a while ago.  During purchase process just got the name of one person in the unit, so we started out with just that one name on the lease we drafted (it was month-to-month on verbal with old landlord).  

Renewal season rolls around, tenant requests that we add the spouse officially to the lease.  My perspective: great!  Just another name on the lease.  They just signed the lease renewal which goes into effect in about 60 days - now the spouse no longer wants to be on it.  

I don't really care - they have been good tenants and were inherited with the property, but I feel like it's a paperwork mess.  Obviously the easy thing to do would be to "tear up" the renewal they both signed and just do a new one - but I'm not sure if that's proper since we signed it and sent them back the copy of it.  

Is there an official document to remove someone from the lease? 

The spouse is still living in the unit, yes? Keep them as jointly and severally liable on the rental agreement, whether it is MTM or a longer lease. I just answered a similar question in another BP thread, see this:

http://www.biggerpockets.com/forums/52/topics/1855...

Next time, when you enter into a residential rental agreement, list all adults who reside in the unit as jointly and severally liable. Also, require applications and background checks too.

My lease agreements have always stated that ALL persons in POSSESSION of the home of LEGAL AGE (18 and up or 21 and up, depending on your State law for legal age) must be on the Lease and Sign the Lease.

Therefore you can tell the spouse, that you were going to revamp the lease anyway to have all parties living in the dwelling, be on the lease, and therefore, the spouse needs to be kept on the lease.  

Nancy Neville

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