How to terminate a lease for only 1 tenant - Landlord Forum thread 348133

How to terminate a lease for only 1 tenant by Jess (NY) on September 8, 2016 @09:19

Currently I have a month to month lease that expires on 11/30/16 with 2 tenants (not married but have been living together for 8 years in this apartment, we've owned for almost 1 year) and for the past 4 months only one has been paying their half of the rent. He claims she told him she would pay and she claims their agreement has been that he always pays everything...They are now significantly behind on rent because we were first told by the other tenant she was moving out 8/1, then 9/1 now she doesn't know when (she's waiting for a low income apartment to become available). He has another roommate that can move in at anytime and we plan on implementing a rent increase anyways at the next lease signing. My question is can I send a 30 day notice to vacate to only the female tenant? Or do I have to send it to both and then just sign a new lease with him and the new roommate when she moves out? There is a jointly and severally clause in the lease. Also does a 30 day notice have to be sent out on a certain day? As of today they have not even paid even half rent and it is clear she does not intend on paying anything at all. The male tenant is planning on paying the back rent on the 19th. Any help would be appreciated. Thanks.

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Re: How to terminate a lease for only 1 tenant by Walter on September 8, 2016 @11:20	[ Reply ]

I'm confused. A month to month lease is just that. Either party can give a 30 day notice (my agreement says a full month) at any time. If the lease expires in November it's not m-m. You can't give a 30 day notice until the lease expires. What you can do is take them to court because they did not pay or that they broke the lease. When I recently bought my buildings I inherited some Ts that I would have never placed. I have evicted some for not paying and others were given a 30 day (I actually gave a nice couple a month and a half to vacate). If there a 2 people and I wanted to keep 1 they I would evict then ask to one to re apply then see if they met my standards.

Re: How to terminate a lease for only 1 tenant by AnonymousFL on September 8, 2016 @13:10	[ Reply ]

From what you wrote, it sounds like you already know the answer. Both tenants are entirely responsible for the lease as both a household and as individuals. You as a landlord cannot separate their responsibility. You have to take action against the household and not the individual. If you do not want to go against the 'good' tenant for the back rent, then you can lend some support to the 'good' tenant by providing receipts of rent payments if they choose to sue...otherwise, their agreement to pay rent is between them and it is best for you to not get involved. It is a terrible situation, but I am also sorry to say that I would probably not rent to the 'good' tenant after that. If things go bad with that tenant later, allowing them back in may be interpreted as forgivness of the old debt...but then again, knowing them well enough can make it a tough call.

Re: How to terminate a lease for only 1 tenant by Daniel (CA) on September 8, 2016 @14:25	[ Reply ]

The following is not legal advise nor a suggestions please check with your own council. This is only my summation of options. step 1 : is there rent control? 2: talk to the good tenant (nothing in writing.) 3: Tell him to give you a 30 day notice to vacate and to plan on staying at a hotel or another location for up to 10 days. 4: Have him plan on moving out everything and putting it in storage for up to 10 days. Tell him you will let him move back with new roommate if he does this. 5: Have good tenant motivate the bad tenant to do the same and move out and scare her to think they will get an eviction on their record. 6: get the new temporary address of the good tenant. 7: evict bad tenant if she remains ( and you have to serve good tenant too) 8: after the notice to pay or quit expires, you will have to file a lawsuit to evict and both parties must be on the filing papers. Both are on lease. 9: after both tenants are served and there are no motions preventing it, sign a stipulation with good tenant to dismiss him from the case if he signs that he is no longer a tenant and the eviction should not go on his record. 10: move forward and evict bad tenant. 11: let good tenant pick up his own mess after being left out of your place ( as a consequence of not being motivating enough to get bad tenant out. <<OR>> if you dont want to wait another 30 days. Step 1 start eviction proceedings now 2: serve a notice to pay or quit 3: good tenant moves out 4: I think you have to serve the lawsuit on both even if 1 remains. 5: after both tenants are served and there are no motions preventing it, sign a stipulation with good tenant to dismiss him from the case if he signs that he is no longer a tenant and the eviction should not go on his record. 6: move forward and evict bad tenant. 7: let good tenant pick up his own mess after being left out of your place ( as a consequence of not being motivating enough to get bad tenant out. Or let him back in and rinse and repeat with the PITA choice of roommates.

Re: How to terminate a lease for only 1 tenant

Re: How to terminate a lease for only 1 tenant by Daniel (CA) on September 9, 2016 @22:52	[ Reply ]

This is how someone at my apartment assoc got rid of a roommate. A friend of his was a fireman and he moved in and walked around the apartment nude! The girl called the police and of course the fireman put on a robe/towel when he walked to the door. They couldn't arrest the guy for walking around nude in his own home; nothing illegal about that. The bad tenant moved out shortly after.

Re: How to terminate a lease for only 1 tenant