Tenant problems: Each wants the other to move out but they won't!

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Tenant problems: Each wants the other to move out but they won't!

Joe Berger
Investor · Philadelphia, PA · Member since 2015 · 1 post · 0 votes

I have a couple who has been renting from me for a few months now.  The lease was approved based off of her high income, but they are both on the lease.  Now things are sour in the relationship and she doesn't want to live with him anymore.  She contacted me to see what her options are as far as the lease goes and I said she could take over the entire lease, but I do not feel comfortable for him to, even with a co-signer.  She pays the rent on time and is responsible, but he is on the lease and threatens that he won't leave because of it (even though she is paying the full rent). 

Is there a solution for her other than them working it out between themselves (which doesn't seem likely)?  Is there a way to remove him from the lease without his agreement?

I'd like to keep the female tenant, and I think she might stay in the house longer term.  I realize it's not my problem as landlord (unless they stop paying rent), but how have other tenants resolved this sort of situation.  Any advice?  Thanks in advance!

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Andrew SyriosPro Member
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Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes
10y

I think she would probably need to go to court to remove him from the lease. In the end, I don't think this is your responsibility. I think I would tell them what you are willing to do and then ask them to work out the best possibility. Tenants will always try to make their problems your problems and it's important for your own sanity not to let them.

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  • Andrew SyriosPro Member
    Moderator
    Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes
    10y

    I think she would probably need to go to court to remove him from the lease. In the end, I don't think this is your responsibility. I think I would tell them what you are willing to do and then ask them to work out the best possibility. Tenants will always try to make their problems your problems and it's important for your own sanity not to let them.

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  • Rex T.
    Wholesaler · New England · Member since 2015 · 40 posts · 21 votes
    10y

    A good rule next time.. only one person on lease..( the stable party ) or in some markets, better yet, use rental agreements, easier to get problem tenants out quicker. I know this may not help now but you can always learn from the past situations. You may want to let them to deal with their situation and see what happens, explain that they need to figure it out, and you maintain the conditions on your lease.

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    10y

    I would tell them it is their issue.  The only way she can get him out is go to court (assuming there is no violence between the two  and even then she would have to call the police and go to court.)  If he is not paying his share of the rent maybe she would be able to go after him for that?    Have you been clear to both of them that her income would qualify her to stay alone but his would not?   and that you would remove him from the lease if they agree on that point?   If so that is all you can really do. If you do get him off the lease I advise that you change the locks. 

    I, like you,  put everyone on the lease, I can see where it can go wrong but my interests are better served by having more people that can pay whether or not those people are getting along with each other. I am mostly dealing with students when it is a couple people on the lease though.

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  • Jeff B.
    Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y

    I hate long term leases for this very reason - - when things go South, it's hard to resolve issues.  For this reason, I much prefer a lease of three months, reverting to m/m with 30 day notice to terminate.  It's long enough to avoid the transient in-out-in-out hi turnover  and short enough that a notice of non-renewal can clear the deck with problem 'children'.  Good tenants will stay ( I had one stay 8 yrs), and you have control.

    That said, I still get all unmarried adults on the lease for eviction reasons.

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  • Elizabeth Colegrove
    Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    10y

    Do you have a break lease clause?

    I have had these issues and honestly I stay out of it. If they want to get out of the lease they have to break the lease and pay the penalty. Than the other person can apply. If they qualify great, if not nope. 

    Once I set up these parameters it becomes VERY easy and I get to stay out of it :)

    Sorry you are dealing with this. Good luck!

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  • Max T.
    Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    10y

    Is he willing to move out if he gets removed from the lease? May be in your best interest to do that, especially considering the female can cover the rent on her own.

    So if they get back together and he wants to move back in you can always add him back on if you choose to.

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  • DG H.
    Real Estate Agent · Mineral Wells, TX · Member since 2011 · 58 posts · 5 votes
    10y

    THEIR problem YOUR Property. As long as the lease isn't in default, rent paid and no violence it's their problem, not yours. Don't let them make their problems yours. 

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    10y

    This is a personal issue between the tenants. Assuming you have a good lease agreement, provide them with their options and then step away. If she wants to leave, they would have to break the lease because he can't qualify on his own. If he wants to leave, follow your procedures to remove him. If neither wants to leave, tell them it's their own issue and just keep collecting the rent.

    I do not recommend placing only one tenant on a lease agreement. There seem to be quite a few members of this board that have no idea what "joint and several liability" means. If you have three tenants but only one of them signs the lease agreement, what happens to that lease when the tenant dies or decides to move out without notifying you? Your legally binding contract is with that one person, not the two that remain. What if Tenant A is on the lease but Tenant B trashes the home and then disappears? Your legal recourse is with Tenant A but then Tenant A can stand up in court and say the damages were caused by Tenant B whom you allowed to live in the home. I suspect the judge will tell you to go after Tenant B!

    Put everyone on the lease, hold everyone 100% liable. Anything less is asking for trouble.

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  • Jack B.
    Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    10y
    Originally posted by @Rex T.:

    A good rule next time.. only one person on lease..( the stable party ) or in some markets, better yet, use rental agreements, easier to get problem tenants out quicker. I know this may not help now but you can always learn from the past situations. You may want to let them to deal with their situation and see what happens, explain that they need to figure it out, and you maintain the conditions on your lease.

     I really wish people would stop giving out advice that is a huge liability. Having only one person on the lease is a huge liability, period. What if the other person trashes the place? They are not bound by the terms of your lease because they didn't sign one with you, their SO did. 

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  • Rex T.
    Wholesaler · New England · Member since 2015 · 40 posts · 21 votes
    10y

    JACK B, You can run you business anyway you like, but after 20 years of land lording and using legal counsel, IT IS A LOT EASIER TO SERVE AND EVICT ON PERSON THAT HUNT DOWN SEVERAL PEOPLE, SERVE THEM AND GET THEM OUT. Try evicting 1/2 of your tenants at court. The judge will throw it out. I only put 1 person on rental agreements and get them out. Do you take tenants to small claims court if they "Trash the place"?

    The wording is " Tenant, AND ALL OCCUPANTS on my agreements.

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