Re: Tenant Break Up - Landlord Forum thread 358433

Re: Tenant Break Up by lpadave on August 15, 2018 @14:51

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 !!

[ Reply ] [ Return to forum ]

Re: Tenant Break Up by Chele on August 16, 2018 @19:16	[ Reply ]

How do you avoid liability in case the staying-tenant gets a restraining order against the leaving-tenant? The tenant must want the locks changed for a reason. Actually, there really isn't a leaving-tenant until s/he gives you notice. Perhaps the landlord needs to let the staying-tenant know that this is a fine time to move in order to have a new place with new keys without the leaving-tenant.