Tenants on Lease (by Brett K [VA]) Apr 9, 2012 8:17 AM|
Tenants on Lease (by gevans [SC]) Apr 9, 2012 8:35 AM
Tenants on Lease (by NC Investor [NC]) Apr 9, 2012 9:08 AM
Tenants on Lease (by Wallace CPM [VA]) Apr 9, 2012 10:17 AM
Tenants on Lease (by Virden [OH]) Apr 9, 2012 2:17 PM
Tenants on Lease (by BRAD 20,000 [IN]) Apr 10, 2012 10:25 PM
Tenants on Lease (by Margie [PA]) Sep 27, 2013 1:39 PM
Tenants on Lease (by Brett K [VA]) Posted on: Apr 9, 2012 8:17 AM
State Specific Question About: VIRGINIA (VA)
I leased my town house to three 'mid twenty' tenants in July of last year. The lease contract was set up as there would be a primary tenant responsible for the rent payment as I did not want to receive three checks but just one. All has been good and I have received one payment for the full amount since the lease began. Additionally, The lease was set with the all three names on the lease (each signing accordingly). Today, I received a phone call indicating that one of the tenants want to break the lease prior to June and wants to know the ramifications accordingly. Fellow landlords, please give me some direction or thoughts. Is she responsible for 1/3 of the security deposit. Should I not worry about this and indicate that I am still entitled for the full amount? If payment is not received will I take her to court or all three for lack of payment?
Thank you --70.165.xx.xx
Tenants on Lease (by gevans [SC]) Posted on: Apr 9, 2012 8:35 AM
You should have made this clear to them when they moved in... I hope your lease makes it clear.
You need a "jointly and severally" clause. This makes each of them responsible for the entire amount.
Did you write three separate leases or just one? If one, the remaining tenants are responsible for the entire rent.
The deposit remains with the house. You don't pay back any of that until they have all moved out, returned keys, and you have completed your move out inspection. It's between the three of them if they want to refund the quitter.
I would certainly allow the remaining two to look for a third, but require the same screening and approval you hopefully required to start with. --141.129.x.xx
Tenants on Lease (by NC Investor [NC]) Posted on: Apr 9, 2012 9:08 AM
The first time I rented to roommates I wanted to set up a primary so that we could receive one check. My attorney told me by doing it that way I was establishing a sub-tenant situation since the ability to pay the LL directly was one of the primary definitions for a tenant. A sub tenant pays the primary who in turn pays the LL. The fact that you have all 3 on lease but only accept one check could make it murkier (in court) depending on your local laws.
If it is considered a sub-tenant then the departing T definitely has to deal directly with the roommate who writes the check. Otherwise you need to tell them that the SD stays in place until everyone moves. If the tenant wants their money now they still have to deal with their roommates.
Going forward - be sure to state in your lease that if one T moves prior to the end of the lease the SD stays with the property until everyone vacates. --173.188.xxx.xxx
Tenants on Lease (by Wallace CPM [VA]) Posted on: Apr 9, 2012 10:17 AM
You should ONLY be dealing with 3 roommates via e-mail to all - REcapture your conversation in an e-mail to all 3 residents that while X is leaving, Y & Z are responsible for the full rent until the end of their lease.
Tenants on Lease (by Virden [OH]) Posted on: Apr 9, 2012 2:17 PM
No deposit is returned until the unit is empty of all food, furniture and packages - in this situation the others buy him/her out, this is why students go on pre-pay only with me, like a used car they find a buyer and I only need a new phone number for the occupancy change. --76.241.xxx.xxx
Tenants on Lease (by BRAD 20,000 [IN]) Posted on: Apr 10, 2012 10:25 PM
Once again, (as I jump out of the phone booth to some great theme music!) Early Lease Buy Out Fee to the rescue!
They are leaving no matter what you say, so make it work in your favor:
"Dear Res, Our Standard Policy for releasing a person for a lease is the Early lease Buy Out Fee of $____. We also require the signatures of all remaining parties agreeing to your leaving as they will be responsible for the entire rent. Form attached." --50.129.xxx.xxx
Tenants on Lease (by Margie [PA]) Posted on: Sep 27, 2013 1:39 PM
My friend's husband just left after 18 yrs. & 3 kids. they are separated but neither one has filed for divorce yet. They have both been on the lease for 14 yrs. Her husband tried to get another lease drawn up just in his name and he is not there with her and the kids. is he legally aloud to take her off the lease like that if they are still married? --69.249.xxx.xxx