Joint Tenancy-One tenant moving out, but wants to pay...

Joint Tenancy-One tenant moving out, but wants to pay...

Member since 2018 · 4 posts · 0 votes

My husband and I are renting a SFH to two guys as a joint tenancy. They have always been on-time with rent and keep the house immaculate. Their lease agreement does not expire until 12/31/2018. One of the tenants informed us yesterday that he is moving out-of-state, but wants to pay his half of the rent now for the rent that will be due from July through December when the lease expires.

Do I need to re-write a lease with just the one tenant on it making it valid through 12/31/18 at only 1/2 the monthly rent given the guy moving is paying us the other half. Or, do I leave the current lease agreement in-tact, making the guy that is moving aware that he is still responsible under the lease agreement. For instance, if the guy that is staying does not come up with the other 1/2 of his monthly rent, then we can still come after them both in order to be paid rent that is owed. Also, even though he will be living out-of-state, he would be responsible for all obligations under the current lease agreement and still entitled to any rights afforded under the current lease agreement. For instance, if he moves back after a few months, and while the current lease agreement is still in effect, he has a right to live there.

What would any of you Landlords recommend? We are beyond tickled that he is willing to pay his 1/2 of the rent that will be due until the end of the lease. We just don't know if we need to draw up a new lease or not.

Thanks in advance for any advice you guys can give. Blessings!

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  • Investor · Bayside, NY · Member since 2017 · 1k+ posts · 1k+ votes
    8y

    I have that happen to me once as well. If the tenant moving is willing to pay his half, leave it alone and let him pay, and keep the current lease in effect. I was surprised when that happened, but I got paid. The only thing I'm worried here is harder to find tenants on 12-31-18 as compared to now, but that's when your lease expires anyway.

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    8y

    What’s the issue as long as your getting rent ..I wish all my tenants would move out and still pay me each month ! 

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