One Tenant Abandoned But Other Wants to Stay

One Tenant Abandoned But Other Wants to Stay

Member since 2020 · 3 posts · 0 votes

Hello. I have been a landlord for a few years now and am running into an issue I have not come across before. I did the appropriate screening (background check, credit check, confirming with employer that they work there, and prior landlord references) on both tenants. Everything came back with no problems or concerns so I rented to the two roommates. I received a call today from one of my tenants saying that his roommate left pretty much right after he paid his share of this month’s rent. The roommate who is still there has not seen him or heard from him since then. He tried calling and his number was blocked (due to what I assume was an argument). I also have tried calling the roommate who left and my number is also blocked. The current tenant would like to stay and he has been there for 2 years now. Very solid tenant who always pays rent on time so I do not want to evict and the current tenant says he is willing to pay the full amount of rent going forward until he can find a roommate again. The roommate who is in question has only been there for a few months.

So my question is how can I legally remove the abandoned roommate from the lease? If he does not pay his share of rent and doesn’t show up or contact me before the last day rent is due, can I send certified mail to the address and email him a notice that the lease is being terminated due to his nonpayment of rent? Just wanting to know what my options are legally in case he comes back a few weeks from now and can’t get in because the locks changed. For reference, the property is located in Williamson County Tennessee near Nashville. Thanks in advance!

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  • Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
    5y

    @Ty Smith depends on what your lease says. Most likely the remaining tenant is responsible for the full amount whether or not the other guy is there.

    If the tenant that has “abandoned” the place has stopped communicating and paying rent, send the proper notice as soon as the next payment is late, then evict assuming you don’t get a response.

  • Member since 2020 · 3 posts · 0 votes
    5y

    @Dave E. Yes the lease states that both tenants are jointly and severally liable and therefore rent is still due from the tenant who is still there either way. Would I be able to evict only the one who abandoned the property with the proper notice if he does not pay his portion of rent? Then sign a new lease with only the tenant who would like to stay? Or do I have to wait until the term ends before I as the landlord can do anything? (Assuming the full amount of rent always comes in)

  • Member since 2020 · 3 posts · 0 votes
    5y

    @Dave E. The current tenant is worried that the abandoned tenant will come back for his things (mattress and clothes are all that he left) and then possibly steal some things while he is at work. So he is wanting to see if we can change the locks to prevent this problem.

  • Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
    5y

    @Ty Smith you should talk with an attorney that deals with evictions. I believe that you can just evict one tenant. The lease will remain in effect with the remaining tenant. Then you can amend the lease or sign a new one if a new roommate comes into play. Lots of technicality here, so unfortunately an attorney is probably your best route.

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