Renewing lease for 1 of 2 renters

Topic Author
Anonymous
11 years 11 months ago - 11 years 11 months ago #10437 by Anonymous
Renewing lease for 1 of 2 renters was created by Anonymous
I have a boyfriend and girlfriend who have been renting from me for just under a year. The couple are on the splits and the woman wants the boyfriend out and she wants to stay. Both people are on the lease. I haven't had any issues with the couple and all rent and bills are paid up. Is there a way for me to renew the lease for her and not him?
11 years 11 months ago - 11 years 11 months ago #10437 by Anonymous
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11 years 11 months ago #10438 by Mindy Sharp
The beauty of a lease is it protects both parties and the downside of the lease is it protects both parties. However, this is your first plan of action: review the language of the lease both parties signed. Generally there is a Roommate Release Clause that outlines exactly how to handle such situations where all parties are in agreement.

However, if the girlfriend wants to kick her boyfriend out, she cannot legally do so as they both currently have full rights to the unit. She cannot change the locks either. And if she does, and her boyfriend wants access, you must grant it to him.

If there is no Roommate Release Clause, you can draw one up for both of them to sign. However, make sure you have approval from your supervisor to do so and always check with company policy before drafting such a document. Second, the remaining party must be qualified to pay rent and live there alone without the other person's income. Some companies state both parties must be held jointly responsible until the end of the lease if neither party's income is sufficient to pay the rent singularly.

If there is a Roommate Release Clause that allows you to proceed, and if she can indeed qualify to pay rent on her own, then once they sign the document, she can either fulfill the current lease term or an entirely new one can be signed. It depends on your policy.

I hope this helps. I am sure you may get other opinions. It is not a new issue though. Eventually we all face this scenario!
👍: Nikki Cole
11 years 11 months ago #10438 by Mindy Sharp