What should I do if one tenant goes MIA?

Question

Three people signed the rental agreement, which states all tenants are joint and severally liable.

One tenant has stopped contacting the roommates and us, and we are not sure they are planning to return. We do not suspect foul play because the tenant's relatives have reported to the remaining tenants that the MIA tenant has moved in with another relative (but did not give that MIA tenant's new contact information).

Our local statute specifically says: "the tenant shall not be considered to be absent from the dwelling unit without notice to the landlord during any period for which the landlord has received payment of rent." Since the remaining tenants have still been paying, I'm not sure that I can treat the MIA tenant as absent?The remaining tenants are having trouble paying and I may have to evict them because they don't have enough money to put down a security deposit anywhere. There is also the matter of refunding their security deposit for our unit. The rental agreement says I will make the refund check payable to all tenants and including the MIA tenant can help me protect myself against claims from them, but the remaining tenants won't be able to cash it because they can't reach this third roommate.Any recommendations on how to legally revoke the MIA tenant's rights under the rental agreement?

Thanks in advance for any advice.

Brian Teeter · Answer

You’re in a tricky spot, and you’re right to tread carefully. A few thoughts based on experience and general legal principles (though of course, check with a local attorney for specifics in your jurisdiction):

1. Joint and Several Liability Still Applies

As long as the lease is in effect and all three tenants signed as jointly and severally liable, you can still hold the MIA tenant liable for rent and damages—even if they’ve gone silent. Their absence doesn’t automatically remove their obligations under the lease unless you formally release them or a court orders it.

2. Local Statute: "Not Absent While Rent Is Paid"

Your citation makes sense—since rent is being paid in full (or was), you likely can’t take unilateral steps to remove the MIA tenant just because they're not physically present. The statute is protecting tenants from being presumed to have abandoned the unit when others are still covering rent. So unless rent goes unpaid, or they voluntarily surrender their rights, you probably can't treat them as “absent” in the legal sense.

3. Eviction Options

If the remaining tenants can’t keep up with rent, then your remedy would be to proceed with an eviction for non-payment(not for abandonment). Unfortunately, this still leaves all three tenants jointly liable—so if you end up in court, the judgment could apply to the MIA tenant too.

4. Security Deposit Logistics

You're absolutely right to consider liability around the return of the deposit. If your lease says the deposit must be returned jointly, then issuing the check in all names (including the MIA tenant) is generally the safest route for you as the landlord. If the other roommates can’t reach the MIA tenant, it may be worth suggesting they file a small claims action against them, or they could sign an agreement that indemnifies you for releasing the deposit to just the two of them. That said, without some written and signed agreement from all parties, your best legal protection is to make the check out to all original tenants.

5. Removing the MIA Tenant from the Lease

There’s typically no way to “revoke” someone’s rights under the lease unless:

• You enter into a mutual termination or amendment signed by all parties, including the MIA tenant (which seems impossible here),
• You pursue eviction, which includes them, or
• The lease term naturally expires and you write a new lease with only the remaining tenants.

Unfortunately, ghosting doesn’t equate to legal abandonment—especially if rent is paid.

Next steps you might consider:

• Keep detailed records of communication attempts with the MIA tenant.
• Consider a notice to cure/pay or quit if rent lapses.
• Talk with a landlord-tenant attorney about how to proceed with the security deposit—especially if the lease is ending soon.
• If it comes to eviction, name all three tenants in the action, even the MIA one.

Good luck—this situation is more common than it should be, and clear documentation is your best friend here.

Marc Winter · Answer

Has MIA removed all their personal property/possessions from the subject unit?  Has their mail been forwarded?  Do you have emergency contacts listed on your application and/or lease agreement?

One approach to this issue is to send a certified, return receipt letter to each individual tenant stating your terms: MIA needs to sign off on abandoning their portion of the agreement, etc.

When the letter to MIA is returned as undeliverable, do not open it, keep it in your file for evidence in the event of court.

Future reference: if it takes 3 unrelated persons to pay rent and security, and/or if these tenants are students or otherwise just starting out, having them jointly and severally responsible is just the start: get the parents/guardians or some other 'established' and related adult to co-sign the lease.

This info is based on my personal experience.  I am not an attorney, and this is not legal advice.  Speak with your legal professional.

Stacy Tring · Answer

Thanks so much for taking to provide such a detailed reply. This situation is quite the doozy.

What should I do if one tenant goes MIA?

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