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Updated over 9 years ago on . Most recent reply

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Dan Costantino
  • Rental Property Investor
  • Pittsburgh, PA
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1 of 3 roommates wants to break the lease.

Dan Costantino
  • Rental Property Investor
  • Pittsburgh, PA
Posted

I have 3 tenants in a unit. It is a high rent producing unit. One of the tenants emailed me to see if I could 'work with her' because she found a house she wants to buy. The lease isn't up until the end of June. I have had this happen in the past where tenants find a new roommate, but it IS a pain in the butt. 

For those that have encountered this before, what have you done? Just point to the lease, or have them offer another suitable roommate that fits your criteria?

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Marcia Maynard
  • Investor
  • Vancouver, WA
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Marcia Maynard
  • Investor
  • Vancouver, WA
Replied

Changes in household make-up are not uncommon. We have a procedure for removing a person from a rental agreement and one for adding a person to a rental agreement. It involves more of my time and effort, so I charge an administrative fee to process changes to the rental agreement. Any changes to the rental agreement must be agreeable to all parties listed on the rental agreement. 

Any proposed new tenants must meet our criteria to rent, pass our screening and complete our application process. All persons named on the rental agreement become jointly and severally liable. They have equal rights to tenancy no matter who was in the unit first. I explain this to tenants, because some feel they have more rights and power over their roommates, but according to the law they don't.

We do not touch the security deposit until a future point in time when all parties have vacated and possession of the unit is returned to us. So the outgoing tenant needs to get their share from the ones who remain. At end of tenancy, any security deposit refund check will be made out in the name of all current tenants named on the rental agreement.

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