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Re: Tenant on Rental Agreement does not live in unit
by Anonymous
on May 23, 2015 @19:39
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You can't do that. If you remove him from the agreement without his knowledge that would be dishonest. The legal way to do it is to have him sign a release allowing you and her to void the old lease and create a new one, or possibly amend the current lease.
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Re: Tenant on Rental Agreement does not live in unit
by Anonymous
on May 24, 2015 @00:56
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My intent is not to be dishonest. I am merely trying to make changes to the rental agreement and want to know if I can make them without his knowledge. If I can't get in contact with him, then I want to be able to go ahead with the new rental agreement and just have the wife sign. Thanks for your opinion.
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Re: Tenant on Rental Agreement does not live in unit
by VinFL (FL)
on May 24, 2015 @11:48
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You took the steps to add him to the lease. He is now a tenant of yours. He has rights under the lease you had him sign. You cannot change the current lease without approval from both of them.
Assuming that he won't just voluntarily move out, you really only have a few options: - If either of them violate the lease, you can evict them for a breach - You can give them a non-renewal notice at the end of the lease term - When their current lease term is ending, give them a new lease with the new security deposit and a notice that states that the new lease is only being offered to the wife and it is expected that the husband will vacate at the end of the current term. You should provide this new lease and notice at least 30 days in advance.
It sounds like you may not have gotten an application from the new husband when he moved in. Regardless of the reason that a new adult is added to the lease, you should always screen your potential tenants. If you find something that would disqualify them, you have the right to say decline the person.
Good luck with it.
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Re: Tenant on Rental Agreement does not live in unit
by Garry (Iowa)
on May 24, 2015 @12:59
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About your 3rd option----I said the same thing, except that the husband can still be there, unless they get a legal divorce, or she files a permanent restraining order against him. A LL cannot force a legally married couple to live apart. Only the couple involved can do that.
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