Breakup and one has give 30-day notice

[lkrides]

What is the name of your state (only U.S. law)? Maryland

We are renting a property to a couple on a month-to-month rental agreement in the state of Maryland. The rental agreement does contain a clause holding them both jointly and severally liable for the payment of rent and performance of all other terms of the agreement. The couple is breaking up and one of them has sent us a 30-day notice of his intent to vacate. The remaining person may not have the necessary income to continue the rental. I believe the only income for the remaining person is unemployment and child support. My questions are…

1. Once we receive the 30-day notice of intent to vacate from the tenant who has already verbally notified us, should we in turn send him a letter notifying him that he will not be released from the terms of the agreement?
2. Is the receipt of 30-day notice of intent to vacate by one tenant of a couple automatically assumed to be notice for both?
3. Assuming the remaining person does not have the necessary income should we send them both a 30-day notice non-renewal letter terminating the rental agreement? Should the letter state specifically the income issues?

I will check the laws specific to the state of Maryland and the requirements for non-renewal. However I do appreciate the advice of anyone familiar with Maryland law.

Thanks very much.What is the name of your state (only U.S. law)?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Maryland

We are renting a property to a couple on a month-to-month rental agreement in the state of Maryland. The rental agreement does contain a clause holding them both jointly and severally liable for the payment of rent and performance of all other terms of the agreement.

So this month to month lease is signed? What does it say about vacating the appartment?

1. Once we receive the 30-day notice of intent to vacate from the tenant who has already verbally notified us, should we in turn send him a letter notifying him that he will not be released from the terms of the agreement?

What are the terms you are talking about? a month to month means they are only responsible for one month at a time, and 30 day notice is standard notice in month to month contracts, so what are you not releasing him of?

2. Is the receipt of 30-day notice of intent to vacate by one tenant of a couple automatically assumed to be notice for both?

No. As far as I can tell, the one didnt even have to tell you he was leaving.

3. Assuming the remaining person does not have the necessary income should we send them both a 30-day notice non-renewal letter terminating the rental agreement? Should the letter state specifically the income issues?

How come you can send a 30 day notice, but the one who is leaving can not? Actually according to MD law, a month to mont tenant only needs to give 30 day notice.

You can send a request to vacate letter for any reason, or no reason. So whatever.

I will check the laws specific to the state of Maryland and the requirements for non-renewal. However I do appreciate the advice of anyone familiar with Maryland law.

 

[Alaska landlord]

What you do is give the them both a 30 day or what ever the state mandates as proper notice that you are terminating the lease. No explanation is necessary and you hold both responsible for damages and or unpaid rent.

 

[lkrides]

Thank you both for your reply.

We have decided to put this property up for sale. we have verbally notified the remaining occupant that we are selling and will allow them to remain despite the shaky income situation.

Should we ask for a letter from the former occupant releasing his interest in a security deposit refund?

 

[lkrides]

The remaining tenant has provided her 30 day notice to vacate. The original rental agreement was in both parties names. There was no new agreement or modification to the original agreement reflecting the departure of one tenant or security deposit issues. When the other tenant that has already vacated gave his notice there was no discussion of the security deposit. Should the security deposit refund be in both parties names? Or just the remaining tenant?

 

[Banned_Princess]

The remaining tenant has provided her 30 day notice to vacate. The original rental agreement was in both parties names. There was no new agreement or modification to the original agreement reflecting the departure of one tenant or security deposit issues. When the other tenant that has already vacated gave his notice there was no discussion of the security deposit. Should the security deposit refund be in both parties names? Or just the remaining tenant?

I'm going to go with both. Send it in both of their names.

 

[eridon2002]

Wait till everyone is out of the house before you send any of the security money back. Put check in both their names and let them fight it out.