Start your membership account today...  Access to credit reports, 100's of rental specific forms, agreements, letters, checklists, how-to articles, guides, expert advice and much more!  Even a FREE, 3-day trial!

Not a Member?
Get a Free Trial Membership

  Get FREE Stuff! Run Credit Report Rental Forms  Shop & Buy Forms!  Advertise Your Rental Customer Care

Welcome to's Discussion Forum
Sign up Latest Topics

  Author   Comment  

Posts: 2
Reply with quote  #1 
I rented a condo to a couple with both names on lease. They have split up and one left. The remaining tenant wants to continue in the condo but wants to redo the lease on his own, but they have 9 months left on the lease term. With a security deposit involved and the legal obligation that the other tenant committed to I think the right thing to do is keep the original tenants on the lease but I don't want to alienate the responsible tenant. I would like any suggestions on how to handle.

Posts: 445
Reply with quote  #2 

did you receive notice from the tenant that left?  If not-- they are still on the hook


does the remaining tenant qualify by them self for unit -3x rent in income?


I the remaining tenant a good tenant?  If so and you want to keep them, you could ; end old lease - write out deposit refund to both old tenants- and have the remaining tenant give you new deposit with new lease.


Posts: 9
Reply with quote  #3 
I thinks  this is right  and  the   Tenant is  living yet is  good  , this  advice is  right and I also have such type  of the problem  may i can do   this  Because  I rented a house two Tenant  and one of the left before the agreement time .Property management albuquerque is a property related all information. If you have  more information  about two tenant  rental and one left  share it  need .


Posts: 86
Reply with quote  #4 
The landlord or the tenant do not want to have the lease continue  One roommate wants to move out during the fixed term .

BJJ Kimonos

Posts: 14
Reply with quote  #5 
I don't think you should give into his/her demands. You're the landlord and the fight is between THEM.
John Reider Properties

Posts: 3
Reply with quote  #6 
Yes, but you can't expect them to stay together either. You also can't leave the contract the way it is currently - maybe the tenant who left will want to rent a new place, who knows. Correct me if I'm wrong, but you cannot rent two homes at the same time?
The right thing (however uncomfortable it may seem) is to terminate the previous contract and sign a new one with the remaining tenant and new conditions, as Marytmary1978 said. It sucks, but that's life. 

Posts: 3,787
Reply with quote  #7 
You absolutely CAN leave the lease as it is currently.  A tenant can rent two places (and be responsible for both).   Leases are legal contracts.  They entered into the contract and it is up the the tenants to negotiate an exit strategy, just as they negotiate a divorce or any other breakup.  You also cannot just terminate the previous contract, easy though it sounds.  The tenant who left may not have done so by their own free will.  They may have been forced out.  You cannot terminate their rights, nor responsibilities, so easily.

IF ALL parties agree on who wants to leave and who wants to stay, and IF the remaining tenant qualifies on his own, then write up a termination agreement that EVERYONE signs.  The departing tenant and remaining tenant need to agree on what to do with the deposit.  I don't release deposits until all parties move out.  So the remaining tenant would need to pay the departing tenant for their share of the deposit.  The departing tenant needs to sign a release stating they no longer have any right to the deposit.  If this is not done, the deposit stays with me until the last tenant moves out.  Then the deposit gets made out to BOTH tenants jointly (Tenant A AND Tenant B).  Both must sign to cash it.  It then becomes the remaining tenant's problem to find the old roommate to get their signature to cash the check.
Previous Topic | Next Topic

Quick Navigation:

Easily create a Forum Website with Website Toolbox.

Apartment Finders > > Member Log-in > Free Trial Offer > Free E-newsletter > Customer Service > Get Free Stuff! > Run Credit Report > Rental Forms > Vacancy Center > Do-it-yourself > Evicting Your Tenant > Foreclosure Resources > Landlord Discussion Board > Income Tax Resources > Information Center > Join > Landlord Law > Library > Multi-family > Professional Advice > Rental & Property Mgmt > Rent Collection > Repair & Maintenance > Security Deposit > Software Center > Tenant Screening > Vacation Homes > What's New > Rental Agreements > Free Leases > Inside Our E-store > > Security Deposits > > Landlord Daily News > Rental Agreements > Resources: Cleaner Sunshine coast