Boston Law: Removing One of Two Tenants From a Lease

Brett Baghdoyan · 2016-12-27T07:32:51-08:00

Hey BP Forum Heroes - I'm new to BP and this is my first of hopefully many posts!I have a question about Massachusetts Landlord/Tenant Law that I can't seem to find a specific answer to, likely because it's a very specific circumstance. I'm sure I could spend an hour with a Real Estate attorney, but I'd rather save the $150+ and see if anyone here can help me out.The situation is as follows:Tenants A & B signed a year long lease in August 2016 to occupy the unit. Tenant A has told the landlord that Tenant B has moved out because they are no longer dating. The landlord has tried to get a hold of Tenant B on multiple occasions to verify that this is in fact true; that this tenant has indeed vacated the premises. Tenant A has requested a new lease and to be the sole occupant of the unite so that Tenant A can apply for a utility assistance program through the State of Massachusetts. So, the Landloard (me) is left with the situation of not wanting to wrongfully and illegally remove Tenant B from the lease without Tenant B's knowledge or consent, but the Landlord cannot get a hold of Tenant B to discuss the matter.As far as I can tell, the only way to really confirm if Tenant B no longer lives at the premises would be to stake the place out for hours on end unless I can speak directly with said Tenant which again, is proving quite difficult.I know there are "abandonment" clauses in Mass. rental laws, but given the unique circumstances, I'm not sure how those apply to my company being able to remove Tenant B from the lease without written notice to quit or consent from that Tenant them self. And even if we did serve Tenant B with a notice to Quit - what would the infraction be? These tenants are up to date on their rent and have not done anything nefarious or disruptive.Is anyone able to assist me in this matter? Also, thanks for reading the wall of text. Happy Holidays!

Matt Lefebvre

Real Estate Broker · Manchester, NH · Member since 2014 · 630 posts · 420 votes

9y

I'd recommend spending the $150 on speaking with a real estate attorney. They'll give you the clearest answer specific to MA state law, and might be able to advise you how to structure your lease in the future to avoid this problem happening again.

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Rich N.Pro Member

Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes

9y

First and foremost...I am not a lawyer.

If they are paying the rent on time, you can not evicted them nor terminate either one of the lease without the consent of both parties (of course, you need to agree to this too). Going to ramble here, so no specific order.

1. you need to decide if you want to keep just the one tenant and if the tenant can afford it or will there be a new tenant.
2. the tenant that left may not want to talk to you because of their whole break up. If you have the cell number, just text he/her a message stating the fact that the other tenant notified you that he/she left and you need to verify it. If she does respond, make sure you lock/save the response. if you could get them to put it in a letter and sign it that would be best.
3. you need to also settle the last month and sec dep funds properly.
4. then, you need to write a new lease....this can not happen unless you get #2 done.
5. you need to change the locks...and charge them for it....after #3. Not before or your in trouble!
6. if they both want the unit and are fighting over it, its not your problem they have to settle it. you can not remove a name. In the past, I made two warring tenants to go to court and I would follow the court ruling.

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Colleen F.Pro Member

Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes

9y

Perhaps the occupying tenant has a forwarding address for tenant b or you can send by mail to your rental unit a communication on the request as tenant b has likely filed a forwarding address with the post office. If you want to release tenant b from the lease send a form for them to sign agreeing to it and specifying what is happening regarding the security deposit.

Why are you chasing them on this? Send something by mail and wait. If tenant A wants tenant B off the lease unless it is a domestic with an order of protection they can contact tenant B to let them know to contact you. If there was police involvement different story call a lawyer. At this point I can't think of a reason why the lease would be invalid the way it is.

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Thomas S.

Member since 2016 · 13k+ posts · 12k+ votes

9y

It's not your problem to solve. You have a tenant and you have a lease, as long as you keep receiving rent then the problem is the tenants not yours. Tell your tenant to contact her ex and have the ex then contact you if they are to be removed from the lease.

Landlords have no obligation to chase after a tenants problems in a situation like this. If the ex wants off the lease it is up to them to contact you. LMR and security deposit is also not your problem, that must be worked out between the tenants. The one that stays owes money for LM and deposit to the one that leaves. Period.

3 Reply

Douglas Snook

Attorney · Attleboro, MA · Member since 2015 · 412 posts · 165 votes

9y

As long as the rent is paid timely, the lease remains in effect with both people who signed. While the landlord can agree to end the lease and then do a new one with just one party, you need both tenants to sign off on it. Until that happens don't do anything. It is not up to you to get the tenant who left to the table to sign off.

You mention the tenant that remains is applying for some kind of assistance. Would that tenant qualify to rent on their own? If not then why would you want to do a lease with just them?

Explain to the one remaining there is nothing you can do. They need to bring the other tenant to you to sign off on ending the current lease etc. (You would think that the one who left would want to get off the current lease as until they do they are responsible for the rent as much as the remaining one but who know why people do what they do.)

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Brett Baghdoyan

OP

Real Estate Agent · Somersworth, NH · Member since 2016 · 3 posts · 0 votes

9y

Thanks for the replies everyone. Lots of great information in here. Just to answer this question:

"You mention the tenant that remains is applying for some kind of assistance. Would that tenant qualify to rent on their own? If not then why would you want to do a lease with just them?"

Tenant A, the remaining tenant, adamantly claims they were the tenant funding 100% of the rental costs each month prior. Per information we have in the office, check stubs, etc. She is telling the truth as the payments have always been in her name, but there's obviously no way for us to know if she was taking money from Tenant B on a monthly basis after the fact. The rest of the information we have leads us to believe Tenant A can indeed afford to live at the unit alone, but the outstanding application for utility assistance is peaking our interest.

Just further information, I've already contacted Tenant A about Tenant B's lack of response multiple times, so hopefully saying nothing can be done to help until this issue is squared away will draw them both to the table ASAP. Definitely don't want to bend over backwards for the tenants, but we also like to try our best to keep people happy at our buildings and if we can help, we usually try to.

Thanks again everyone!

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Boston Law: Removing One of Two Tenants From a Lease

Boston Law: Removing One of Two Tenants From a Lease

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