Two young female applicants (room mates) signed a 1 year lease with me last November 2018. Now, one female tenant has a met the man of her dreams and want to move out and live with him (she has already moved out too).

She has asked if I could remove her name from the lease and then create a new lease with the other female who wants to continue living at this apartment.

My question here is this: if all parties (2 tenants and the LL) are all in agreement with this change in tenancy, can a 1 year lease be cancelled outright (made null and void) and another lease is created for the remaining tenant?

I see no reason not. Just write up a simple agreement cancelling the lease and detailing what happens to the deposit. Then write a new lease with the remaining tenant.

CYA regarding unknown damages, probably pass liability to the remaining tenant.

Thanks LTD !

From a legal standpoint,...can I keep the existing lease in place but have a signed statement (affidavit) from both tenants that one party has vacated and is no longer liable for any terms of the existing lease?

Or should the original lease be cancelled outright and a new lease signed with the remaining tenant?

Ken (NY)

The departing female tenant and her 'prince charming' want to move into one of my other vacancies. They are staying with relatives right now but want their own love-nest and I just happened to have a vacancy. I am screening prince charming right now and will collect another deposit if I choose him. Both of them are young, stupid and in-lust. I just collect rent.

I keep the original lease and create and addendum referencing the lease dated x with x name(s). Then I spell out:

X tenant is released from the lease, agrees that the security deposit stays with the unit and has no claims against landlord

Y tenant agrees to release x tenant and agrees to responsibility for any and all damages going back to the beginning of the lease

Landlord agrees to release x tenant

Still Learning,

Many of my apartments are two bedroom units that I rent to two roommates. When I process their applications often only together they can afford to qualify and/or pay the full rent. Sometimes one of them makes enough to barely qualify for the unit.

In the event the person staying doesn't make enough money to cover the rent, then I will hold both of the roommates responsible for the full rent for the term of the lease.

Only when a "replacement" roommate is found and fills out an application -- then passes my screening process, signs a lease -- will I let the moving put tenant out of the lease and responsibilities.

You know Roy (and some others) sure would be nice to have the whole situation (s) you went to the trouble of telling us about the love birds and got 10 good answers-- then you throw in how they're looking to move into one of your other places-- which puts this into a whole new light.

MYOB,

If I give out too many facts at the beginning of a post, it tends to confuse people. I try to follow the KISS rule (keep it simple stupid) when making posts here. Once my initial question has been posted, I will then throw a curve ball (additional information) just to see if that makes any difference. And sometimes I have to play devils advocate just to make a point, but I assure you I am not the devil.

I don't like to remove people in the middle of a lease. It's annoying paperwork and no upside for me unless they pay some "ELT"-like fee.

If they want to rent another one of your houses, nothing keeps them from being on two leases at the same time. No different than them being on another LL's lease while moving into your house.

Roy "curve" naw-- in front of the plate in the dirt!

Someone experienced like yourself when asking a question is taken pretty seriously here. So when your question comes up it's taken as all inclusive.

So your question is: one of my roomie tenants wants to leave one property and move into another with new love.

Does old roomie-- #1. have funding to go it along #2 agree with taking roomie off the lease with her? #3 does roomie and new love qualify for new place. #4 can new couple come up with their own deposit?

Your original question just gets a no can't take you off the lease without your roomie agreeing and you must pay the ELT to be removed. Totally different answers for 2 different questions.

Myob,

I may be from AL, but I did not fall off the back of a turnip truck yesterday. :)

My original question here was more a legal question than anything else. Can a 1 year lease be cancelled (made null and void) after 4 months if all parties involved are in agreement? Then I threw the curve ball (more juicy details) which I think hit you in the head. Does it really make any difference where my departing tenant and prince charming move to? I don't think so.

This is tough and it happens all the time. Sometimes I refuse to let out of Lease if other party stays especially if a man moves out and leaves a woman with his kids. The reality of Child Support and the volubility of some relationships mean he is very likely to come back(In my case through the busted kitchen window)

In this case, I agree with Still Learning especially if you know the girl moving out and are willing to rent another unit to her. However, it seems to me that when a good woman tenant adds a man, he is more likely to drain her of money than support her.

A lease is a legal contract that is binding to all named parties. If all name parties want to void that contract, make another contract, amend the contract, as long as everyone is in agreement, it is fine. One party cannot change it.

Roy it makes 100% difference. What's up with you-- you hit your head?

If the one leaving isn't coming into my unit-- she's being hit witht he 1200.00 ELT. Second and this is the feeble part-- If all who sign a contract agree to terminate it---ALL then how is this even a serious question?? I feel like I'm watching my consin vinny with these types of questions from a seasoned verteran LL.... my friend.

I'm going to sidestep the main part of the question since you have plenty of answers already, but I'd be doing a FULL inspection before you agree to anything.

I'd hate to see the day a year from now when the remaining tenant moves out and that big hole in the wall behind the couch shows up where the remaining tenant says that was caused before the old tenant moved out BY THE OLD TENANT.