Early termination of lease?

[rechevar]

Our tenants are breaking up. One wants to move out, early. She says the boyfriend will stay in the house and she is asking for return of her pet deposit. I don't think I have to give it back to her until the end of the lease AND there is the possibility that if the rent isn't paid, I may have to put it toward unpaid rent, if the remaining tenant cannot pay the entire rent. Any advice for me out there? I want to do the right thing. The lease isn't up until August and she is asking to be taken off the lease in January.

 

[Baranov]

They moved in as a couple, they can move out as a couple. The deposit gets returned after they have both vacated and you have assessed the damages. At the appropriate time you write a check out to the person that wrote you out the deposit check, or to both of them. You can let them fight it out. Also, advice your tenants that you will continue to hold both liable for the rent and damages to the rental unit.

 

[sandyclaus]

Our tenants are breaking up. One wants to move out, early. She says the boyfriend will stay in the house and she is asking for return of her pet deposit. I don't think I have to give it back to her until the end of the lease AND there is the possibility that if the rent isn't paid, I may have to put it toward unpaid rent, if the remaining tenant cannot pay the entire rent. Any advice for me out there? I want to do the right thing. The lease isn't up until August and she is asking to be taken off the lease in January.

You are within your right NOT to return the pet deposit until the end of the lease term, but here are some things to consider:

1) The pet deposit can only be used for damages caused by the pet. It CANNOT be applied towards unpaid rent or for damages other than those attributable to the pets occupying the property. Anything else could only be deducted from the SECURITY deposit, not the PET deposit.

2) You feasibly COULD inspect & assess the rental for pet damages NOW and deduct the appropriate repair costs from the pet deposit and return the balance to her (ONLY if SHE alone paid it, and if SHE takes all pets with her when she leaves).

3) Assuming the above applies, is there still sufficient SECURITY deposit being held to cover the remaining lease term? If not, you may want to consider collecting additional security (up to your state maximum) from the remaining tenant as a condition of allowing her to break the lease. Same goes with PET deposit if any pets would be remaining in the home and the remaining tenant assumes responsibility for their care & control upon the exit of the other tenant.

 

[JETX]

All this 'advice'... and for all we know, you live in Bangladesh!!!

US LAW ONLY!!!