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Multiple Tenants - One Stays, One Leaves
on September 5, 2020 @10:55
Rented out our Florida SFH last Nov to young unmarried couple. A month ago Tenants expressed interest in renewing lease for another year. Prior to 60 days before end of lease, we sent them an email officially offering lease extension (same everything except new end date). When they confirmed, we sent the extension addendum for review.
A couple days ago we receive notice from one tenant saying the other no longer wants to renew, but she does, and with someone else. The one would simply move out and the other move in.
There are about two months left on the original lease. Without going into it, the situation makes me a little nervous (exes living together for the rest of the term).
My questions are:
- We plan on sending both original tenants a follow-up email to the addendum asking for both to individually confirm that they do/do not want to renew. Beyond this, is there more we need to get from them?
- Assuming the above is true:I plan on getting the one staying to sign a waiver saying they take full responsibility for any damages after the other leaves (since a true move-out inspection cannot be performed without an empty house). Can I continue to hold the security deposit for the one remaining tenant and allow the two to hash that out on their own? Or do I have to return it and then take a new deposit for the new lease? I'm not anticipating push back from the tenants on this (pretty sure the one staying put up nearly all of first, security, etc up front).
- I would of course treat the new tenant as a new applicant and go through the full vetting process. The tenant staying was fine with this when I mentioned it.
- Is there anything I'm not thinking of here?
I'm a bit disappointed the original tenants aren't staying as they always paid on time and took care of the house. However, I don't have a reason to believe this would change.
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Re: Multiple Tenants - One Stays, One Leaves
on September 5, 2020 @17:44
[ Reply ]
alas, be thankful you're not having to do this with six occupants of one premises, with a.couple of kid and pets
1. new lease with all applicants applying, clearing, signing and posting a new security deposit. If you're comfortable with the remaining tenant, waive or reduce that new application fee and just do a mini- credit, income and asset check on her.
2. do a standard move out inspection on old lease, account for old SD and settle that out, BUT GET THE NEW LEASE SIGNED AND GET THE NEW SD IN HAND before you refund any remaining SD from old lease. Old SD refund is made payable to old tenants as they signed the lease.
3. old lease is now gone / new lease is now in effect with new SD, with new occupants. == stay out of the domestic business between the old tenants.
4. new move in property condition schedule and photos should reflect """move out conditions''' this is the most difficult and IMPORTANT PART of these parftial changeovers. You'll have to work around existing furnature and stuff thats staying,...as best you can.
don't get sucked into the middle of who owns the couch.
5. change the locks BY A LOCKSMITH (for the receipt / proof) and give new tenants keys.
6. make any needed security repairs during change over --
even if staying tenant doesn't mention them----and document.
7. be prepared to have the ousted co-tenant moving back in when they reconcile !!!
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