Roommates, 3 and one wants to leave... Oregon

Managing Your Property
4yFollow

Roommates, 3 and one wants to leave... Oregon

Luis Gutierrez
Pasadena, CA 路 Member since 2016 路 4 posts 路 1 vote

Portland, Oregon

Please what is legally acceptable or common practice please? Thank you 馃挄 so much in advance for your help. We will also consult with our attorney of course...but please in the meantime help me!

The lease just started August 15, 2022

3 adults all qualified and on the lease and all other docs.

1 person needs to exit suddenly due to a family illness.

She wants to find someone else to take on her portion of the lease and move-in.

Can we charge a lease exit fee for all the work of creating a new lease? Can we charge an application fee to new tenant, if so how much?

Does one return her full deposit immediately? Is a brand new lease created?

We have not done this before now.... roommates....help.

Thank YOU 鉂ｏ笍馃槝

0Reply
21 views

3 Replies

Jump to latestLatest
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant 路 San Diego / Phoenix 路 Member since 2021 路 12k+ posts 路 15k+ votes
    4y

    What does your lease say about this? You should certainly be entitled to compensation for the trouble it will cause you....

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker 路 Cody, WY 路 Member since 2010 路 28k+ posts 路 41k+ votes
    4y
    Quote from @Luis Gutierrez:

    It's not a complete lease termination; it's a small administrative step to remove one individual from the lease. I charge a $50 flat fee to remove someone. If the remaining tenants want to add someone new, that individual needs to pass your screening and then be added to the lease, another $50 fee.

    Connect and send me a PM requesting my Remove Tenant Addendum.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    0Reply
  • Kurt Lane
    Property Manager 路 Portland, OR 路 Member since 2020 路 50 posts 路 39 votes
    4y

    Hi @Luis Gutierrez,

    I would recommend using the Oregon Rental Housing Alliance or Multifamily NW forms for removing tenants from a lease. Those forms are specific to Portland and cover all of the required language.

    To your questions:

    1. You don't need to do a new lease, you simply need to remove the departing tenant from the current lease via an Add/Remove Tenant Addendum, which all of the other tenants need to sign.

    2. The form clarifies this, but you don't return any of the security deposit. The security deposit stays with the lease and is only returned/accounted for at the end of the lease when all tenants on the lease depart.

    3. You need to be careful about trying to apply an additional fee to this. Portland has really clear guidelines about allowable fees and to the best of my knowledge this isn't one of them.

    4. You can charge the same application fee you charged the other tenants to the new roommate they find. Also, this new applicant has to pass your screening criteria to be added to the lease. If they don't you can reject them.  

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free