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Re: Tenant on Rental Agreement does not live in unit
by MrDan (Georgia)
on May 25, 2015 @16:36
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You just cannot unilaterally remove the husband from the lease, unless the husband agrees, and the agreement is in writing. It does not matter if the husband is in jail, he has an interest in the property and is subject to all the rights and responsibilities of the lease.
Lease Renewal In the case where the lease is up for renewal, it is possible to renew the lease only in the name of the remaining tenant if the husband is gone and you can confirm this completely.
The big issue is the security deposit. You cannot just rollover the security deposit into a new lease, unless all the original tenants are on that new lease. The fact that the husband is gone does not automatically vest the security deposit in the remaining tenant. You need to ask the remaining tenant for a brand new security deposit and do your normal disposition of the original security deposit.
Tenant Vacating Agreement In order to properly remove the husband from the lease, the landlord and the vacating husband should sign a 'Tenant Vacating Agreement', where the husband agrees to relinquish all rights to the security deposit, any advance rent, any prepaid fees or charges and agrees that nothing is owed to husband by the Landlord. That the husband completely vacates the premises as per the agreement and agrees not to return or otherwise reside on the premises at any future date, the landlord will release the husband from the obligations of the lease agreement.
Although this is a simplified response, the goal should be to protect the landlord from any possible claims from the husband if he vacates the rental.
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