Risk in Removing someone from lease mid year?

Question

Hey all,

First time self managing. We are renting to a single mother and her 3 kids. The oldest kid is 19 so we required him to be on the lease.

She is now asking for the son to be removed from the lease because he’s joining the army and being stationed elsewhere. Coincidentally, she’s late on rent this month and last month.

Is there any risk you see in removing the son from the lease? I feel like it’s not like he really has something we could come after even if they weren’t paying, but at the same time don’t feel comfortable doing it when the rent has been late the last two months. Thoughts ?

Joe Splitrock · Answer

@Brian Dickerson I would just agree to rewrite the lease but only as month to month. Then if she keeps paying late, you can non-renew and ask her leave rather than going through eviction.

Caleb Heimsoth · Answer

@Brian Dickerson. I wouldn’t worry about the lease and get going on that eviction if they haven’t paid you in 2 months

Kris L. · Answer

Federal law allows a tenant who is in the military to unilaterally cancel his lease if he gets orders to PCS or TDY for a period of 90 or more days, so chances are, keeping him on the lease would do nothing for the landlord anyway.

PS. Enlisting is definitely going to qualify except in the highly unlikely scenario where he happens to be assigned to a unit stationed in the same city he currently lives.

Thomas S. · Answer

The likelihood is that you will soon be getting rid of them all based on a change in their payments so you would be best to sit down and discuss that rather than the issue of the son leaving. Two late payments in a row is unacceptable and a clear indication of where this is going. My priority would be in convincing them all to leave peacefully as opposed to being distracted by the son leaving.

I would not bother discussing removing the son since this is only going to end up in one place and  you need to take control. For your sake and theirs get them out now.

Greg Scott · Answer

Why would you give up any rights you have voluntarily?   Just because someone moves out is no reason to remove them from the lease. You want them to honor the terms of the contract they signed.

That said, there are laws surrounding military personnel.  If they are deployed, they can break a lease.  It is not clear if this would apply to your specific situation.  (I don't think enlisting entitles him to break a lease.) I would talk to an attorney who is an expert in real estate matters regarding your obligations to remove him without terminating the lease.  If you do not have an obligation to remove him, I would absolutely keep him on the lease.

Risk in Removing someone from lease mid year?

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