How to make Good Applicant responsible for 2nd one

How to make Good Applicant responsible for 2nd one by Daniel (CA) on February 6, 2012 @04:18

Share |

If you have 2 people on a Lease (roommates)

If one room mate moves out "notice to vacate" does this apply to second one; does this terminate the lease as it stands?

How about in rent control areas?

How do I make it that Tenant-A will be responsible for Tenant-B even if Tenant-A leaves and Tenant-B remains?

Do I have Tenant-A co-sign for Tenant-B?
Or is a notice to terminate invalid until both sign it?
For example, in a case where Tenant-A wants to end his obligation under the lease, will the lease remain in effect because it is still in force on Tenant-B?

[ Reply ] [ Return to forum ]

Re: How to make Good Applicant responsible for 2nd one by Lise on February 6, 2012 @06:46	[ Reply ]

looks like a very complicated matter, Daniel. That's why I do NOT have 2 different lease in one dwelling and I do NOT accept sub-leasing : every adult living in the apartment MUST sign the lease and each of them is responsible for the rent and the damage. If I have to evict one, I must evict all of them.

Re: How to make Good Applicant responsible for 2nd one

Re: How to make Good Applicant responsible for 2nd one by Bryan (Ia) on February 6, 2012 @08:21	[ Reply ]

No. I doubt it. Do not release T-A from the lease. No. Notice to terminate is only valid at the end of the lease, otherwise it is a breach of the lease. Lease remains in effect on both Ts unless you, foolishly, release one.

Re: How to make Good Applicant responsible for 2nd one by Anna Mouse on February 6, 2012 @10:40	[ Reply ]

What you want your lease to read is joint and several Liability. This means that each tenant is individdually and completly responsible for all obligations. If the one roomate moves out that does not terminate the lease as both roomates are individually responsible for the lease. My advice is to NOT let either tenant out of the lease until the lease ends and they have removed themselves from the property. That would mean that if tenant A moves at the end of the lease and tenant B holdover that tenant A can still be named on the eviction. :)

Re: How to make Good Applicant responsible for 2nd one by OK-LL on February 6, 2012 @11:29	[ Reply ]

As others have said, your lease must include this language identifying the parties and their obligation, "Joe Blow and Richard Smith, jointly and severally". This means you may look to either or both of them to complete their obligations under the lease. It doesn't matter that they do not both occupy the rental for the full term of the lease, they are still obligated by that language. When more than one person is signed up as a tenant on a single lease, the lease can only be terminated by expiration of its term or if it rolls to M2M, it can only be terminated by a notice of termination signed by all tenants and all tenants must vacate the property; if any remain, you would file against all of them for eviction and money damages.

Re: How to make Good Applicant responsible for 2nd one by Daniel (CA) on February 6, 2012 @15:45	[ Reply ]

I forgot to mention, this is a hypethetical question in general.