Do I allow my tenant to take her ex-boyfriend off the lease?

5 Replies

I have a tenant that signed a lease in April with her boyfriend. She also had her mother cosign for her. The boyfriend and her have broken up but he still stays there every once and awhile when he's visiting with or watching their daughter when she works nights. She's requestes to have him removed from the lease because their relationship is over.

What are your thoughts on how to handle the situation? When couples break up do allow one person to take over the lease or do you deny the request since he took on the responsibility of being liable for rent for the year?

Lets say she starts dating someone new and moves in a new boyfriend next month. At what appoint and how do you handle adding someone new to the lease? What documentation do you have the new spouse submit?

Does she qualify on her own?  you mentioned her mom had to co-sign.  If they still qualify without him on the lease, and ALL parties agree, then do it.  

Make sure you clearly word how to deal with the deposit-it transfers to the current lease holder and she is responsible for any damages to the property.  So it is up to them to sort out the money for the deposit (if he paid some, she can pay him back-that is their problem) and she can't claim later on that he damaged something and she's not responsible for it.

He still stays there occasionally + the term of the lease isn't even over yet = do not remove him from the obligation of the lease he agreed to.  There's no advantage to you to do so.  (Plus, with him still staying there from time to time, it's likely they'll end up back together at some point.)

I had a somewhat similar situation last year. I was renting to a couple and they broke up. They both wanted to stay in the house but wanted the other out. I initially said I wouldn’t get involved in their quarrels, but it turned into each of them calling me multiple times a day for a week. The boyfriend ended up breaking the lease after a week by moving out, and I took that as an opportunity to post a 14 Day Notice on the door for breach of lease (the lease stated that both tenants must occupy the dwelling as a full time residence.) Every situation is different, and some people break up amicably and sometimes it can be very bad. If they have been kind and honest to you then I wouldn’t see any issue with it. My situation was a little more rough. Best of luck. 

@Theresa Harris nailed this one for you @Bryant Knowlton . How is his current status any different than the tenant having a guest over besides the fact that he use to live there? What does the tenant gain by not having him on the lease? 

Usually people try to leave significant others off of the lease in order to hide something about their past. That doesn't sound like it applies in this case, so maybe I am missing the reason, but I don't really see the benefit in a tenant taking a boyfriend off the lease.

It may just be because they want closure from it. If she checks out by herself, do it. And make sure everyone knows who is responsible for what, including damages and security deposits.