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antiduke

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Posts: 2
Reply with quote  #1 
State of Kentucky

I am new to the Landlord-ing scene and have already been dealing with a problem tenant. Her and her husband have been in the house for a month and a half and I was just informed that the husband (who was the primary source of income) has left her. He left his key and a note saying he would not be paying for anything and wants off the lease.

She has since called me and said that she has a friend that is needing a place and that she would like to move in. I informed her that I would have to approve of this new person and get everyone's signature to change the lease.

This girl has been problematic, consistently asking to pay rent late or less amounts - and she has only been here a month and a half - and that was with her husband who made good money. His income was the primary reason I allowed them to move in. I would like to take this opportunity to wash my hands of her altogether but not sure if that is legal for me to do or not.

The husband has not contacted me at all and has not returned any of my messages.

Here are my possible solutions and I would like your opinion on what of these (if any) I should do:

Option 1. Not allow the husband off of the lease. Tell the wife "Sorry but I agreed to the two of you as a unit, and mostly based on your husband's income (which is true). I am not OK with allowing you to sublet to another roommate." - and in fact it says in the lease "SUBLEASE: Rental Property shall not be subleased by Lessees."

So this would leave her with some options:
a. Move out, breaking the lease early and her and her husband would have to pay me the rental amount for early termination.
b. Continue living there and demand that the husband pays for part of the rent (which he won't do).
c. Live there and don't pay the rent and get evicted.

Option 2. Amend the lease to allow her to sublet a room to this new person, providing the husband is willing to sign the paperwork that he wants out of the lease, which I'm sure he would. My issue with this solution is what then do I do when the wife doesn't pay for reason XYZ and I have this other person living in the house who is not on my lease.

Option 3. I'm open to suggestions?


Any advice would be greatly appreciated!
diaryofamadll

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Posts: 2
Reply with quote  #2 
The husband like it or not, bound himself to a written contract, he doesn't have the right to just "walk away" without being held accountable! There's definitely some undertones of instability going on with her so allowing her to stay and add a "friend" kinda makes me squirm! You should not be put in that position of having to accept rent and partials and working it in on around their schedules. You are the landlord, they live in your unit, they need to honor your lease as they would any other contract. Hubby needs to put his issues aside and do the right thing which is continue to pay or help out with it till the end of it's term, or they would BOTH face eviction. Then go out and find yourself some worthy tenants.   [smile]

ahkenaten

Registered:
Posts: 156
Reply with quote  #3 
Agreed. Never forget that they are the tenants and you're the landlord. You don't have to work around anything when they're bound to signed legal documentation. Their problem is their problem. When it becomes your problem, you file the paperwork...
antiduke

Registered:
Posts: 2
Reply with quote  #4 
Thanks for the replies. This situation has developed in the past several weeks. The husband has still not contacted me at all. The wife has also not paid me anything for the month of October. I have already given her a 10 day notice to pay or quit as per the lease agreement and will be filing the forcible detainer papers this week.

One question: Do I need to name the husband in the forcible detainer even if he is no longer living there? His name is still on the lease but he has been gone for a little over two weeks. I'd prefer to save myself some money if I can but I don't want to have any problems down the road.
ahkenaten

Registered:
Posts: 156
Reply with quote  #5 
As far as I know, person on the lease is the one you put in the forcible detainer. Just make sure it says his name and "all current occupants" of the apartment, just to make sure you have your bases covered. The legal term is "et al" (and others). So, if his name is John Smith, it would be John Smith et al. Either way is legally acceptable.
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