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removing 1 tenant from a double tenant lease - Landlord Forum thread 186258

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removing 1 tenant from a double tenant lease by Melissa (Florida) on September 6, 2009 @14:17

I rented a property to a couple, soon after the husband moved out, I am wondering what steps need to be taken to remove his name from the lease. He comes there as he pleases because his name is on the lease, even though he no longer lives there and as far as I know she is paying the rent, not him. She is very upset and I would like to resolve this ASAP! HELP!!!!!!!
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Re: removing 1 tenant from a double tenant lease by Sharon on September 6, 2009 @16:28 [ Reply ]
Hi there sorry to hear your trouble.
What we do is as soon a the people involved tell us, we make a new lease. The person moving out has to signe off on the present lease so he/she is no longer responsible and return keys for the unit, and the person staying has to agree to a new lease in his/her name only. (we do not drop the rental cost because of being only one person now) You also have to figure out what to do about the security deposit. (really 1/2 belongs to person moving out but they can work that out between them selves)
As for her not wanting him there its HER JOB to call the police when he arrives. She maybe telling you she don't want him there and telling him something else. So your best to stay out of that, tell her to call the cops. That usually settles thing down.
At least thats how we work it. Remember its always best to talk to a lawyer to be sure of the laws in your area. I'm in PA.
Re: removing 1 tenant from a double tenant lease by OK-LL on September 6, 2009 @17:15 [ Reply ]
You should requalify the remaining tenant financially before you take the husband off the lease. IF she qualifies alone, then you should get him to provide you with a letter asking to remove him from the lease. At that point, you will evaluate the property, deduct from SD for repairs/damage, and return the SD to them both on one check, just the way it was paid to you. How they choose to split it is up to them. Then you can lease the unit to her only.

If he does not want to provide the letter requesting removal from the lease, you cannot take him off -- the rent is being paid and it is none of your business whether both parties are occupying or not.

It is not your job..... by Tex on September 6, 2009 @20:02 [ Reply ]
It is not your job to remedy their domestic disputes. She is married to this guy and removing his name from the lease will not stop him from coming and going. He is still a tenant. What will you do when you remove his name and he moves back in permanently...because he is a tenant and still married. You will have two adults living there with only one on the lease. Can you remove the man's name from the lease without his consent? Because, you know, he is a tenant. It does not matter that he is coming and going. Has the man given you notice that he no longer is a tenant and is breaking the lease?
Re: removing 1 tenant from a double tenant lease by Paul (IL) on September 7, 2009 @07:44 [ Reply ]
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.


Re: removing 1 tenant from a double tenant lease by frank (illinois) on February 19, 2010 @01:48 [ Reply ]
my wife and i are on the lease. she has gone to a shelter and falsely claim abuse and no longer wishes to live in the apartment. is there a way to remove her off the lease and put it into my name only as to protect all items contained within until the divorce is final? meaning to keep her from coming to the apartment and taking things that do not belong to her.

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