What to do when one roommate moves out without notice?

Question

I have a condo that I rent out. I leased it in July for a one year lease to 2 friends who each co-signed the lease together as roommates. They have not been getting along and one of the roommates just up and moved out recently with no notice to me or the other roommate. Now I'm trying to figure out what needs to be done. I have tried contacting the roommate who moved out with no luck, she won't return my phone calls or texts.

I have spoken with the roommate who is still in the condo and she wants to stay and is willing to work with me and pay the full rent or find another roommate (as long as I agree).

I have several questions.

1. The lease has been broken because one roommate has moved out. Do I need to create a new lease with the remaining roommate? Do I have to somehow notify the roommate who moved out?

2. What do I do with the security deposit for the roommate who moved out? Am I able to keep it for unpaid rent even if the other remaining roommate paid the full amount after she moved out? Since the roommate that moved out did not notify me and is not returning my calls I have no way of knowing where she is to even return her part of the security deposit.

3. I assume if the remaining tenant pays the full rent amount until the end of the lease term, she is the one who needs to go after the roommate for not paying her share, correct? Do I need to do anything?

I have not rented to roommates before and am not sure exactly what is my responsibility and what is the remaining roommates responsibility.

Any advice is appreciated!

Thanks!

Anthony Wick · Answer

@Lisa Craig

I agree with Kyle. Don’t make this your problem until it becomes your problem. Both roommates are responsible until the lease is up.

Kyle J. · Answer

Doesn’t sound like the lease has been broken, yet. I’ve never seen a lease that requires someone to stay in a property. Now if rent doesn’t get paid, that’s when you need to get concerned. Until then, I wouldn’t worry too much about it.

I’d remind them both that they’re both on the hook for the rent (whether they actually live there or not) for the full term of the lease.

And I definitely wouldn’t return any security deposits yet. The lease isn’t over and they still have possession of the property.

If the remaining roommate is willing to pay the full rent (like she should), you don’t really have much to worry about here.

Marc Winter · Answer

Each signer on the lease is responsible for the rent, jointly and severally. The fact that one moved out and is unresponsive does not mean they are not still responsible. If the remaining tenant is willing to pay in full, take the money; if not, sue them both.

Shain Ismailovski · Answer

For your first point, you don't need to create a new lease unless the first one broke down a roommate structure as part of the lease (i.e. Tenant A must pay X and Tenant B must pay Y). Otherwise, if a standard lease is used you're fine. For your second point if you have done your best to contact the roommate since she moved out and since she broke her lease you may be able to keep her half of the security deposit as a penalty. Did they each give you a security deposit or was it one lump sum? If it's one lump sum with no breakdown the deposit is still attached to the current tenant and you can't do anything with it. Also does your lease state that any breaking of the lease results in a forfeiture of the security deposit? Your last point is correct. The remaining tenant must pay rent in full if they continue to live there. There is nothing you need to do so long as the full rent is being paid it is up to her to find a new roommate. Take everything I say as a grain of salt as I am not familiar with your local real estate laws and regulations.

What to do when one roommate moves out without notice?

What to do when one roommate moves out without notice?

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