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Tenant Break Up - Landlord Forum thread 358431

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Tenant Break Up by Ed on August 15, 2018 @12:38

Have a tenant whose roommate/significant other left after they broke up. Took only some of his stuff and will presumably come back for the rest.

The were both on the lease, with the tenant who is staying as the original tenant, then roommate came later and was added to the lease.

The current tenant wants to stay but would like the locks changed. We haven't had any communication from the tenant who left regarding what he intends to do regarding the apartment.

My question is can we change the locks or do we need to get written acknowledgement or OK from the roommate who left?

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Re: Tenant Break Up by Garry on August 15, 2018 @14:45 [ Reply ]
Yes, you will need to get something in writing from the T that moved out, that they have gotten all of their "stuff" out, and they won't be back. If the staying T wants the locks changed, they that person needs to make every attempt possible to either find, or help you find, the other T, and get it in writing that they moved.
If you change locks now, and the T that moved, comes back for their stuff, they may decide to break your door/frame to get in. I believe the "law" would be on their side, because they are still legally on the lease, and they still have stuff there.
Re: Tenant Break Up by lpadave on August 15, 2018 @14:51 [ Reply ]
the departed tenant is still your tenant.
if your remaining tenant wants the departed tenant off the lease and that is acceptable to you, the remaining tenant should have the departed tenant send you a written request for removal of their name from lease.

I would reecommend ( IF YOU WANT)cancelling the old lease, settle out security deposit WITH BOTH TENANTS then get remaining tenant to sign new lease and post new security deposit.
your lease should contain a ''no changing of locks'' OR ''no changing locks without furnishing LL new keys'' clause.2

if you change locks, or allow tenant to change locks, with your knowledge,... without proper documentation FROM BOTH TENANTS, you open yourself up to claim of constructive self help eviction FROM THE DEPARTED TENANT.

If the remaining tenant wants your permission to change locks at their cost and furnish you keys, you should make it clear (in writing) to the remaining tenant that you must and will assure that the departed tenant gets new keys, if departed tenant wants them. You need paperwork one way or the other from the departed tenant.

....this roommates / unrelated multiple tenants makes the LL/T relationship complicated. The last thing we as LL want to do is get involved in the domestic infighting.

Just give us our money, don't bother anybody, and keep the place clean !!

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