Current tenants just renewed .... getting separated and one wants off the lease
My tenants (married couple) just renewed a 12-month lease. Husband told me they're separating and asked how to go about getting him off the lease.
I told him I could work with him on it, but it would depend on the wife reapplying and meeting my screening criteria. She has a decent job, but I'm not confident she'll hit 3x the rent on her own.
They've been fine tenants, but they clearly live paycheck to paycheck, so I'm a little nervous about this.
My understanding: I'm not obligated to grant the release, and if I do, standard practice is the remaining tenant re-qualifies or brings a co-signer — otherwise both stay liable as-is.
Anyone dealt with this? Worth granting the release at all if I don't have to, or just let joint-and-several liability ride to term end?
Any amendment language to watch out for so I don't accidentally release him from stuff that already happened (late fees, etc.)?
Oh and the wife's current rent didn't go through because her deposit didn't land on Friday due to the holiday. This has happened once before...
Most Popular Reply
#3 1031 Exchanges Contributor
- Investor
- Las Vegas, NV
If she doesn’t qualify see if she’ll just agree to move out. It’s all good and even great that you can keep him on the lease. But… You say they were living paycheck to paycheck BEFORE he started paying rent and utilities on his new place. So there’s almost zero chance you won’t end up in eviction. If his choice is between paying her rent so she doesn’t get evicted and paying his own rent so he doesn’t get evicted I’m pretty sure which he’ll choose.
Maybe you get to waste time and money suing them both. And they both have nothing, so you get nothing. But at least she gets to live there rent free for a couple months. Or 6+ months if she’s in the 5-10 states that hate landlords. (You forgot to put your location in your profile and your post, or I missed it.)
Is she doesn’t easily qualify and doesn’t have a new “friend” to move in and help with the rent. Just cut your losses and end the lease.