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Re: removing 1 tenant from a double tenant lease - Landlord Forum thread 186345

Re: removing 1 tenant from a double tenant lease by Paul (IL) on September 7, 2009 @07:44

                              
Sharon and Tex have the best advice.

If you can get the guy to sign off on a waiver then you can renegotiate a new lease with only one tenant. If not, your other tenant needs to call the police when he shows up and there isnt much you can do.

Avoiding the conflict is your best bet. Since the guy is on the lease he has a legal right to be in the apartment, which further deems you leave the issue to your tenant.

To "re-qualify" the good tenant is really pretty stupid. You go through the whole hassle, which doesnt really accomplish anything, and the guy returns as a guest if/when they resolve their issues. The only thing this would do is allow the LL the ability to remove the tenant by calling the police if he shows up, which the other tenant can already do.

Bottom line: If the tenant is able to pay the rent then stay out of it and let her leave her matters to the police. If you feel the need to remove him from the lease, draft a new lease with a waiver and have him sign it.

GL

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Re: removing 1 tenant from a double tenant lease by OK-LL on September 7, 2009 @22:58 [ Reply ]
If you remove him from the lease (even with his waiver) and she doesn't "re-qualify" the remaining tenant financially, LL only has herself to blame when remaining tenant cannot come up with rent and has to break the lease. If remaining tenant cannot qualify financial for rental, LL has no choice but to keep both on the lease in order to have the ability to collect in court when the whole situation finally results in breaking the lease, as it likely will (just experience talking here) -- and if LL keeps them both on the lease, then LL needs to butt out and just let tenants handle their domestic situation through the police.

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