Removing a Tenant From a Lease

4 Replies

I am a first time landlord and have four girls renting a space from me.  They are having roommate issues and want one of them to move out.  I actually also would rather have her gone since I have been told she's been doing drugs in the apartment (even though I don't have any actual proof).  I'm going to let her move out and have a replacement move in, but I want a whole new lease signed with the remaining people.  Should I have the girl moving out sign anything to say she is released from the lease? 

Originally posted by @Erin Horn :

I am a first time landlord and have four girls renting a space from me.  They are having roommate issues and want one of them to move out.  I actually also would rather have her gone since I have been told she's been doing drugs in the apartment (even though I don't have any actual proof).  I'm going to let her move out and have a replacement move in, but I want a whole new lease signed with the remaining people.  Should I have the girl moving out sign anything to say she is released from the lease? 

 Yes.  A google search for "release from lease .doc" or "lease termination .doc" should provide you with a template.  So release her from the lease and sign a new one with the 4 girls

Check to see if your local real estate board has any promulgated amendments available for this that you can use.  In Texas there is a form available through TAR for example - "Lease Amendment Concerning Tenant Change" that all remaining and prior tenants have to sign.  Much easier than a new lease and it conveniently addresses the handling of the security deposit (will be released to remaining tenants...).

Andy

I use a form I created called "Remove Tenant From Lease" and "Add Tenant To Lease." It basically states Tenant A will be moving out. Tenant A forfeits all rights to the property but is also released from any liability.

Remaining Tenants agree to release Tenant A from any and all responsibility. They also release Tenant A from any responsibility regarding damages to the property. I don't want them moving out at the end of the lease and blaming all the damages on a Tenant that moved out before them.

It also stipulates that the security deposit remains with me. If Tenant A paid a portion and wants their portion back, they have to work that out amongst themselves.

Moving tenants in and out is a dangerous game. Be sure to screen each one. Even if you have three good tenants for two years, you want to screen anyone they want to add to the lease because they may make a mistake in judgment.

Thank you all for your help!

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