Effect of eviction on the MIA tenant

Effect of eviction on the MIA tenant

Rental Property Investor · Georgetown, KY · Member since 2019 · 20 posts · 4 votes

I have a house in which two unmarried people signed the lease. One of them moved out a few months later and the person that stayed has been paying rent on his own. He has been fine for months but is now having financial difficulty and is behind on rent. I posted a Notice to Quit this past weekend and per Kentucky law, I would next file for eviction in one week's time.

I am wondering, at what point do I need to contact the other tenant on the lease and let her know the situation? My inclination is that I need to let her know now before this goes to court because she could get an eviction on her record and that seems unfair, especially if she is financially able to cover the rent.

What are others' thoughts? I'm not having a ton of luck when I search for the specific laws around this, but I may not be looking in the right place or searching using the right keywords. 

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Real Estate Agent · Little Rock, AR · Member since 2022 · 83 posts · 63 votes
4y

I would let the other person on the lease know as soon as you posted the Notice to Quit. Legally they are both financially responsible since there was not other changes is the lease removing the other person. 

I would call around to some real estate attorneys and see if they could possibly help you with this. It could get tricky. 

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  • Real Estate Agent · Little Rock, AR · Member since 2022 · 83 posts · 63 votes
    4y

    I would let the other person on the lease know as soon as you posted the Notice to Quit. Legally they are both financially responsible since there was not other changes is the lease removing the other person. 

    I would call around to some real estate attorneys and see if they could possibly help you with this. It could get tricky. 

  • Rental Property Investor · Georgetown, KY · Member since 2019 · 20 posts · 4 votes
    4y

    Thank you, @Erin Dreher. I think you are right about letting her know about the Notice to Quit. And also that it could get tricky. We have a local attorney we've consulted previously and will see what he advises. Thanks much for your time!

  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    4y
    Aloha,

    Certainly if you can reach the first person, let them know you are giving them the opportunity to take care of the debt they signed on for, before you turn it over to attorney which will result in additional cost, aggravation, and increased cost of credit for the next 7 years!
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    As soon as you posted the notice, the other person should have been notified if they are still on the lease.

  • Property Manager · Huntsville, AL · Member since 2017 · 302 posts · 246 votes
    4y

    If you can get her new address, mail her the notice through certified mail with signature required.  That way she doesn't have an excuse to "not know about it."

  • Rental Property Investor · Georgetown, KY · Member since 2019 · 20 posts · 4 votes
    4y

    Thank you all for your comments. I really appreciate your time and suggestions!

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