Basically to make a long story short and to make things as easy as possible without getting any legal entities involved, I have a tenant who vacated the property and left his girlfriend there to take over paying rent about 6 months ago. Previous owner used a property management company who was never informed about anything and has been no help at all. It was a huge pain just to get a copy of the lease and the security deposit transfered over to me. The guy is on a month to month now and his ex girlfriend wants to sign a year long lease, providing that she's qualified. I know a 30 day written notice to vacate is required by law but if he and I are both in agreement to end things right here and now is there anything stopping us from doing so? Is there any paperwork that I need to get involved to cover both of us without having to give a formal 30 days notice?
Not legal advice.
This isn’t all that odd. Check you state laws before anything else but you should just need a paper that says he agrees to vacate on whatever date, waives his rights under the lease agreement. After that’s is signed you are pretty much covered.
Her releasing the unit is another issues as she is technically living there and has been she has probably established residency under your state law. These means if she doesn’t meet your criteria to rent and refuses to leave you will have to go through with an eviction. Hopefully she will meet your standards at which point you have her sign your lease and it’s the easiest turnover you’ll ever have.
Due to this being an inherited tenant you did not have the option but in the future make sure you have a part in the lease that says anyone over 18 has to complete the background credit check etc and be on the lease. Tenants are notorious for moving boyfriends or girlfriends in who you would never rent to and then leaving when the relationship blows up.
@Jonathan Holmes Thanks for your input. That's what I was hoping to hear. I'll definitely be on the lookout in the future and do what is necessary to not let this happen to me.
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