Unmarried Tenants split -- new lease?

Question

I have an unmarried couple as tenants, both are named on the lease.  He called me yesterday and said they split up and he would like a new lease in his name only for the remaining term of the lease.  I have not heard a word from her.  Should I issue a new lease or keep the lease as is (in both names)?

Cornelius Dudley · Answer

Be very careful and seek legal advice.  (The following should not be considered legal advice.)  It is best to leave both on the lease as long as you do not hear from the other party.  Once the lease is up you need to get in writing that the party not living there wants to be off of the lease.  Do not allow the person to stay there by themselves if he cannot qualify by himself.  Also be careful if one of them decides that they want their part of the security deposit returned.  If it is legal let the roommates figure out how they want to deal with the security deposit between themselves.

Terre Oswald · Answer

Thanks all for your advice -- I greatly appreciate your words of wisdom

Kim Meredith Hampton · Answer

@Terre Oswald you must talk to the other half first before you do anything, they are both jointly and severally liable for the lease and can't just "throw" someone overboard just by saying so. You will need her to sign off (roommate release form), no need to make a new lease

Russell Brazil · Answer

Id make sure you talk to the other half before doing that

Patrick Liska · Answer

How was his background check ? do you feel he could afford the apartment on his own? you could explain to him that the contract is fine and when its time to renew you will change it, this way you have a backup should he stop paying ( they both entered into a legal agreement, their personal problems are not your problem).