Tenant lease questions.

[JHudson]

North Dakota.

I've got these two tenants in a one year lease. A couple months ago, the girlfriend had an argument with the boyfriend and verbally requested to be removed from the lease. I wasn't quite sure what to do as I'm new to being a Landlord so I told her I'd need it in writing. She did hand me a written note stating she wanted to be removed from the lease and I just put it in their file. She continues to live there though.

Last week I received a text from the boyfriend asking what they needed to do to end their lease early. I replied that the information was in their lease.

Now today I receive a text from the girlfriend asking if she's still on the lease. I'm unsure how to reply to this situation.

 

[Gail in Georgia]

Yes; she's still on the lease and still responsible for her share of the rent.

Gail

 

[JHudson]

Thanks for the quick response. So how does that work exactly since she handed me that note? Or the note stating she wanted removed from the lease?

 

[Gail in Georgia]

Simply handing you a note that she'd like to be off a lease means nothing legally.

I'd like a million dollars. If I hand a note to a bank teller does this mean I get the money?

A lease is a legal contract. It has a beginning and ending date. It remains in effect during this time period unless ALL parties (the tenants AND the landlord) agree, in writing, to change anything within that contract.

Gail

 

[FarmerJ]

So does one of them have enough income to pay the rent alone now ? this is a huge thing and if their is one who wants to stay on and that persons income is super low you may well end up with a non paying tenant and having to take the tenant to court for non pay. IN the end it may be cleaner for you if one moves out early to tell the other one if they move out as well and set a date then you will terminate the lease with no penalty other wise the first time the one who cant pay it by them self is late plan on taking the tenant to court for non payment and don't waste time waiting on promises of `ill pay on x date` If you are aggressive in advertising it once its empty you might be able to get a new tenant in there fast enough. ( and if you have to use the courts for non payment based eviction then you name them both in the summons )

 

[JHudson]

Thanks Gail, that's what I thought, just wanted clarification.

They each earn enough to lease it individually.

 

[adjusterjack]

Advice from a former landlord:

Never get in the middle of your tenants' business. You have two tenants on the lease. Keep it that way until it expires. If one moves out he/she is still obligated to you until the end of the lease period.

And here's something that hasn't been mentioned yet.

When it comes time to refund the deposit you make one check out in both their names (use the word "and" not "or") unless you have written instructions from one to make it out to the other. Fail in that and you could end up paying the deposit back twice.

 

[STEPHAN]

I wasn't quite sure what to do as I'm new to being a Landlord...

JHudson, I will give you the same advice I was given many years ago ...

You really should not be acting as a landlord until you learn the law OR hire a property manager to deal with all aspects of your rental property.

I suggest as a first step you get a good book and read it. Being a landlord is a business. You better learn the rules before you make expensive mistakes.

Good luck!

Stephan