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Repost: Advice only. No BASHING others pls - Landlord Forum thread 354425

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Repost: Advice only. No BASHING others pls by Traci (PA) on September 28, 2017 @11:46

I have a first time situation that is happening in the ten years of being a LL.
One tenant is moving out while the other is remaining. The T staying is fully capable of covering the rent and utilities.

The only two steps to take that I can think of are:
1. Email the tenant 'back' (she email me of her leaving) citing she must work out the returned deposit with the other tenant, as I am keeping the full amount.
2. Email the tenant staying to see if in fact she is staying and re-write the lease with only her name.
3. Review the rental insurance paperwork to clarify the T staying has it in her name.

Is there anything else I am missing?
Advice is appreciated, thank you.

UPDATE: Tenant leaving asked that a new lease not be made until she finds a replacement. I haven't replied yet...
my first thought was that she is responsible for rent until another roommate is found even if its after she has moved out.
This sounds like its getting messy.....any advice would be great.

**If you DO NOT agree with another person's advice, please respectfully disagree without the bashing.

Thank you.
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Re: Repost: Advice only. No BASHING others pls by Anonymous on September 28, 2017 @21:11 [ Reply ]
I do not agree with #1. I think you should essentially treat this as a new lease, as a key component of the old lease is changing (one tenant will no longer be on it).

Security deposit should be settled and returned to BOTH tenants who were on the old lease. This isn't a matter of roommates changing during the lease term. The old lease is ending and the departing tenant is entitled to the security deposit from you, not from the remaining tenant.

Once that's finished, draw up a new lease and collect security from the remaining tenant, who will be the only tenant on the new lease.
Re: Repost: Advice only. No BASHING others pls by Katiekate (New York ) on September 29, 2017 @11:52 [ Reply ]
I have been renting to various roommate situations since the early 90s

This is the manner I treat this.

Everything must be in writing. I don't mean email or text. Send or deliver letters.

The deposit is not returned to anyone until the place is completely empty. It is between the roommates how they want to handle this situation.
If the remaining tenant subsequently wants to get a new roommate, I remind them that any prospect must fill out an application and pass background criminal credit checks with me. I am the final word in it.

Then, the lease. The roommate moving out must sign a release with me and with the one staying. A new lease is signed first..between me and the remaining roommate. I am not signing a release until I get the new lease signed. THen I will changed the insurance.

This is really common. Especially with students.

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