tenant couple now wants to split rent between them?

Question

A couple moved in 4 months ago and now they are not a couple anymore but are stilling living together for now and they told me one of them might be moving out. In the mean time they each want to pay their own rent 50% each and both are paying with separate checks, however one of them now are late the last 2 months and its like me chasing rent now for 2 people.

He paid is half and told me to get the other half from her. I did not agree to this they kind of assumed I was ok with this. I told them if either one did not pay they will have to make good for the other person as they are a team, 1 check for the total rent amount. Well I told him she was not at the property when I stopped over.

They are $500 behind as of today "she is" he just got caught up and paid me $1000 on the 1st of the month. I dont see this working out. He makes 2k a month and rent is $970 but says he can afford it but winter is not here and heating bills will be 200 or 300 a month.

How would you handle this, I really would hate to start eviction but the bottom line is the rent is not paid, they only paid half.

Jeff B. · Answer

NEVER ACCEPT PARTIAL PAYMENTS - - that inhibits the eviction process.  Serve 3-day pay or quit on the last day of your grace period

Account Closed · Answer

Both names on the lease? Don't get involved in the squabble as "they" are responsible for the entire amount on time each month or "they" are both named on the demand/eviction/notice to terminate. It's up to them how to get the money to you.

Kaycee Miller · Answer

You don't have to evict them just yet. Maybe just consider letting them out of the lease since they are not able to meet the lease terms of paying rent on time every month. Let them know you will have to move forward with an eviction if they are not able to pay rent on time each month with one check and if they are not able to meet these requirements moving forward they can give you 30 days notice to vacate and terminate the lease early.  It shows you are serious about evictions but willing to work with them through a tough time.Like Jeff Beard says, you can halt the eviction process if you accept partial rent from one person.

Jerry W. · Answer

@Jimmy S., I don't know about your market, but in mine it is way easier to rent in the summer than in winter.  Whether you evict, agree to end their lease, or some other option I would resolve it now.  If it is open in the winter you have to pay the heating bills as well.  Good luck.

Michael Noto · Answer

@Jimmy S. Send them a notice to quit and they will figure it out real quick most likely. Not your problem.

Jeff B. · Answer

The number of checks is of no consequence as long as they are all honored upon presentment to the bank.  Take two - - try to help them work it out, but insist ALL or NOTHING or a 3-day P/Q will follow.

Thomas S. · Answer

You should have given notice the day after the rent was not paid, never accept partial payments, the problem is theirs not yours to resolve. You should be getting one check for the full amount.

If they do not leave you will end up with no end of problems and would be farther ahead to serve notice to evict and suggest you will let them out of the lease as soon as you find a replacement tenant. Stay out of their problems and concentrate on business.

Serve notice and find a new tenant.

Rolanda Eldridge · Answer

Seek the advice of a local attorney.  Accepting partial payments might not help if you need to evict....

Jimmy S. · Answer

yes its in both names.

How long should I wait or which one do I contact for the remainder of the balance, or how should I approach it?

Rent is 970 and got 50% payment on the 1st.

tenant couple now wants to split rent between them?

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