2 tenants leaving 1 staying, what to do

2 tenants leaving 1 staying, what to do

Investor, engineer · Longmont, CO · Member since 2013 · 55 posts · 36 votes

I am having a tenant issue that I could use advice on. I have a large house that I am renting to 3 adults and a couple of kids. There has been some sort of domestic dispute and the two women have told me that they do not feel safe living with the guy that is still there. The women have moved in with friends, and want to break the lease. The guy wants to stay. I don't think he will be able to pay rent on his own, but he could get another roommate. It's the middle of winter and I really don't want to re rent the place right now. How do I deal with two tenants moving out and one staying? Technically the woman are still responsible for paying rent, but if the guy is paying all the rent, then the women should be taken off the lease, no? Advice is appreciated.

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  • Rental Property Investor · Rockwall, TX · Member since 2015 · 891 posts · 701 votes
    10y

    @Clayton Sneider

    If the guy can qualify for the place on his own, then you don't have an issue. If he doesn't, I would make him re-qualify with whatever new roommate he comes up with. I would not let the women moving out off the hook, unless the incident falls under any domestic abuse laws that you may have in Colorado or he finds a replacement roommate that you find acceptable. Otherwise, eviction when he fails to pay rent may be the best resolution for you.

    On a side note, if this really was a domestic issue, its likely that you're going to have additional problems with this guy in the future. If it isn't true, I see no reason to let them off the hook.

    -Christopher

  • Investor, engineer · Longmont, CO · Member since 2013 · 55 posts · 36 votes
    10y

    Christopher,

    Thanks. I think I will keep everyone on the lease for now and remind them that they are all responsible for paying rent. When the guy finds a new roommate I will remove the women from the lease. As far as the security deposit, should I just refund it (if applicable) to the guy at the end of the lease and tell them all, that they will just have to work it out amongst themselves?

    Of course if rent does not get paid, then I will break the lease in total or evict, whichever is necessary.

  • Rental Property Investor · Sacramento, CA · Member since 2011 · 2k+ posts · 1k+ votes
    10y

    @Clayton Sneider I agree with you. Follow your lease agreement. That's why all of your signed it.

  • Equity Raiser and Turnkey Provider · Cleveland, OH · Member since 2016 · 4k+ posts · 1k+ votes
    10y
    Originally posted by @Clayton Sneider:

    I am having a tenant issue that I could use advice on. I have a large house that I am renting to 3 adults and a couple of kids. There has been some sort of domestic dispute and the two women have told me that they do not feel safe living with the guy that is still there. The women have moved in with friends, and want to break the lease. The guy wants to stay. I don't think he will be able to pay rent on his own, but he could get another roommate. It's the middle of winter and I really don't want to re rent the place right now. How do I deal with two tenants moving out and one staying? Technically the woman are still responsible for paying rent, but if the guy is paying all the rent, then the women should be taken off the lease, no? Advice is appreciated.

     Hi Clayton,

    All 3 of them signed a lease. If the two women do not feel safe, then it is a good thing they moved out. However, since their names are on the lease they do need to still pay their portion. Unless a crime was committed (check with them?) Even if the third is willing to pay the total rent, that is fine, but you still can't remove names just because the one is taking responsibility. 

    When it comes time for the lease renewal, of course, only offer it to whomever is still living there. This is a complicated situation, but rent is still expected. Just because they moved out does not mean the lease is null. If they are seriously not safe than that is another matter completely (you might want to check to see what kind of tenant he has been) You might not want to renew with him if he is dangerous to the neighbors. 

    Please let me know if you have any questions! We deal with this all the time at my company.

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