2 tenants on 1 lease, One may be leaving?
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I got an e-mail from my tenant earlier today that I'm not sure how to respond to, and I want to make sure I handle this properly from a legal standpoint. Some background on the situation: I own a 2 family house in New York state, in which the 2nd floor apartment is leased to a couple. They are not married, and both of their names and signatures on the lease, which expires on August 31st. I got an e-mail from the gentleman today saying that they may be separating, and he asked if he needs me to evict her, or does he have to handle it on his own because it is a domestic situation. He also asks if he can change the locks if she leaves. I am inclined to tell him that I need to have a written statement from both of them in order to terminate the current lease, because she has a legal right to the apartment as long as her name is on the lease. When I get that, I can draft a new lease in his name. I am also going to tell him that he cannot change the locks until this takes place, and I will need to have a) the original locks returned to me and b)a key to the new locks. Is this the correct way to address it, or is there another way it should be done?
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Answer:
You are correct. As it stands, they are both liable for the rent and it is up to you if you want to let one of them out of it. He cannot evict his soon to be ex-partner as he has no standing - only you do. He can only change the locks with your approval and you will need the key. So, what to do? You are correct in wanting confirmation that she wants to leave. However, would you rent the apartment to the guy by himself? Does he earn enough cash? If not, then tell them that whatever they do, you will not let her off the lease in case he cannot pay the rent.
MadMan at Yahoo! Answers Visit the source
Other answers
Yes, if both names are on the lease, one party cannot act alone or dictate any terms without the express consent of the other. It is a binding legal agreement between the 2 of them and yourself. Make sure they straighten out their business (domestic or otherwise), and then come to you. Full disclosure on everyone's part is the best. You don't want to be caught between them. Hope it works out!
Gopal
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