Tenants husband moved out
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Tenants husband moved out (by Rob [NJ]) Feb 19, 2018 7:15 AM
       Tenants husband moved out (by Vee [OH]) Feb 19, 2018 7:33 AM
       Tenants husband moved out (by Laura [MD]) Feb 19, 2018 7:35 AM
       Tenants husband moved out (by S i d [MO]) Feb 19, 2018 7:53 AM
       Tenants husband moved out (by NC INVESTOR [NC]) Feb 19, 2018 7:53 AM
       Tenants husband moved out (by cjl [NY]) Feb 19, 2018 7:56 AM
       Tenants husband moved out (by LindaJ [NY]) Feb 19, 2018 9:07 AM
       Tenants husband moved out (by Robert J [CA]) Feb 19, 2018 10:03 AM
       Tenants husband moved out (by NC INVESTOR [NC]) Feb 19, 2018 10:44 AM
       Tenants husband moved out (by Still Learning [NH]) Feb 19, 2018 11:02 AM
       Tenants husband moved out (by RB [MI]) Feb 19, 2018 12:00 PM
       Tenants husband moved out (by NC INVESTOR [NC]) Feb 19, 2018 4:15 PM
       Tenants husband moved out (by Ken [NY]) Feb 19, 2018 5:27 PM


Tenants husband moved out (by Rob [NJ]) Posted on: Feb 19, 2018 7:15 AM
Message:

So the tenants husband moved out and the wife wants the lease in her name and the husband wants to be removed from the lease as well. The lease has a few months left. What form can I use to break the lease with the husband? I plan to write a new lease with the wife. --74.105.xxx.xxx




Tenants husband moved out (by Vee [OH]) Posted on: Feb 19, 2018 7:33 AM
Message:

Nothing can change the lease until it expires, can the remaining people keep the rent flowing? The hardest part will be the damage deposit accounting statement - they can only get back a deposit once the place is empty of all food, furniture and packages and a daylight assessment is made. --76.188.xxx.xx




Tenants husband moved out (by Laura [MD]) Posted on: Feb 19, 2018 7:35 AM
Message:

I generally like having 2 people responsible for the rent rather than one. Because they broke up, you are not under any legal responsibility to let the husband off the hook for the rent.

I would sign a new lease when it is time for renewal, but until then he still needs to worry about the rent being paid. I would explain to him...he signed a lease, there is no requirement for him to live in the property. --108.51.xxx.xxx




Tenants husband moved out (by S i d [MO]) Posted on: Feb 19, 2018 7:53 AM
Message:

Does she qualify on her own without his income? I have never had good results from removing one person from a lease. The one who stays often fails to pay rent, argues over who caused the damages, etc and ends up getting evicted.

If you do write a new lease with her, re-qualify her based on new household income, then have her and husband write their notice terminating their lease, and you write a new lease with her that has a new security deposit. There should be a fee associated with this ($100 is my standard charge to rewrite a lease), since to be practical you have to do extra work of inspecting the premises, charging for damages, refunding the old deposit, securing the new deposit, signing new documents, making copies of new documents, etc.

You're in this biz to make money, right? So make some money for your extra troubles. They're the ones wanting all these services. Think like a lawyer in terms of "billable hours."

Btw, some states consider any property rented by one spouse to also be "accessible" by the other. So....if they kiss and make up next month he may be moving back in: FYI. Check into this so you are aware of what might happen. --173.17.xx.xx




Tenants husband moved out (by NC INVESTOR [NC]) Posted on: Feb 19, 2018 7:53 AM
Message:

Always a bad idea to remove a tenant from an existing lease especially in a "joint and several". Could the wife qualify on her own? Most people have financial issues after a separation or divorce.

I would tell them both that the lease will remain as is and any renewal will remove the husband. This will also allow you to see how the wife pays without the husband contributing to the rent.

Escrow cannot be touched until the lease ends. You can distribute the escrow at the end of this lease. What you should not do is just distribute his portion. You need to write a check to both which will close out the existing account. The new lease will be in her name only with a new escrow account in her name only. You always want a clean paper trail especially with escrow funds. --71.75.xx.xx




Tenants husband moved out (by cjl [NY]) Posted on: Feb 19, 2018 7:56 AM
Message:

I'm in agreement with the statement to not change your lease just because the other one doesn't want to live there/moved out.

That's great and all BUT they are in a legal contract until the time is up. Once it is up then YOU can choose to continue to rent/lease to just the wife and draw up a new lease at that time.

Obviously you will need to ensure that she can afford the place on her own (if he is to "help pay" a portion then you may want to really think about this).

What happens when (if) you do write up a new lease with just the wife and then they get back together? Will the "but it's my husband" get thrown in your face and they will expect you to just let him live there again?

You may just want to bow out at the end of the lease term and decide that you want new tenants.

--69.201.xx.xxx




Tenants husband moved out (by LindaJ [NY]) Posted on: Feb 19, 2018 9:07 AM
Message:

Yes, it is a legal contract that is enforceable until it expires... BUT as with any contract, if all parties agree to change it, it can be done. 2 of the parties want to change it, do you?

Certainly, if you are going to take just the wife, make sure she can qualify and meets all your standards just as a new tenant. Now, if you wait until the couple of months are up, then the wife may decide not stay and find another place. If you write a new lease just with her, you can have that lease go for a year starting now. Is there anything you would like to change in the lease that sooner is better (early termination?) Is she a good enough tenant that you want to keep her?

I would just get a signed letter from the both of them agreeing to what they want, (separate letters) include the disposition of the SD (staying with the wife) and write a new lease. --96.236.xx.xx




Tenants husband moved out (by Robert J [CA]) Posted on: Feb 19, 2018 10:03 AM
Message:

I had the same issues. A couple breaks up and the party staying makes much less income and doesn't qualify to live in the property on their current income. Since the divorce is going to take years, the husband has no order to pay child support or alimony yet. So the wife is on her own.

Why would I let the husband off so easily without securing a way to guarantee the rent? But the two of them want to cut the umbilical cord between them.

So I make a proposal. I will make up a new lease without the husband so long as the wife's parents sign the new lease with guarantees on helping the wife make the rent each month. Not as a co-signer but as additional occupants that stay over helping take care of the grandchildren. Works almost every time. --47.156.xx.xx




Tenants husband moved out (by NC INVESTOR [NC]) Posted on: Feb 19, 2018 10:44 AM
Message:

ROB: In NC we cannot assign, partially distribute or transfer escrow funds under an existing or renewal lease. Check your state laws to see what restrictions exist. --71.75.xx.xx




Tenants husband moved out (by Still Learning [NH]) Posted on: Feb 19, 2018 11:02 AM
Message:

I have done this with a roommate swap during a lease and once when a roommate left and the other stayed on. I used addendums (some say they don't hold up). I spell things out and get signatures next to lines explaining that security deposit stays with unit and outgoing tenant is waiving rights and incoming and/or current tenant(s) assume all responsibility of any damage that may have happened since original lease start date. I have done this for good tenants and screened all incoming ones. I do take the time to talk to each tenant individually explaining how it will work and where they may have exposure (previous damage, roommates don't return their part of security deposit, etc). I will only do this if everyone is on board. I either meet with all together for signatures or include language that it is not binding until signed by all parties. I haven't had any issues. --107.77.xx.xxx




Tenants husband moved out (by RB [MI]) Posted on: Feb 19, 2018 12:00 PM
Message:

Screen Her again, individually.

Is it Doable ?

Your gonna find out, regardless.

"I'm Not your Stepping Stone". --47.35.xx.xx




Tenants husband moved out (by NC INVESTOR [NC]) Posted on: Feb 19, 2018 4:15 PM
Message:

In roommate situations if one moves out they have one of two choices. The remaining tenants can pay them their share or the one leaving has to wait until the remaining tenants decide to move on. --71.75.xx.xx




Tenants husband moved out (by Ken [NY]) Posted on: Feb 19, 2018 5:27 PM
Message:

I would make him pay an early lease termination fee or he stays on the lease --72.231.xxx.xxx





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