How would you handle?
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How would you handle? (by Hoosier [IN]) Apr 12, 2021 9:14 PM
       How would you handle? (by Hoosier [IN]) Apr 12, 2021 9:17 PM
       How would you handle? (by Sorta Blonde [CA]) Apr 12, 2021 9:31 PM
       How would you handle? (by Ken [NY]) Apr 12, 2021 9:32 PM
       How would you handle? (by razorback_tim [AR]) Apr 12, 2021 9:40 PM
       How would you handle? (by small potatoes [NY]) Apr 12, 2021 10:30 PM
       How would you handle? (by Hoosier [IN]) Apr 12, 2021 10:30 PM
       How would you handle? (by Hoosier [IN]) Apr 12, 2021 10:33 PM
       How would you handle? (by Hoosier [IN]) Apr 12, 2021 10:34 PM
       How would you handle? (by GKARL [PA]) Apr 13, 2021 5:06 AM
       How would you handle? (by MAT [PA]) Apr 13, 2021 7:27 AM
       How would you handle? (by DJ [VA]) Apr 13, 2021 7:28 AM
       How would you handle? (by Ken [NY]) Apr 13, 2021 8:20 AM
       How would you handle? (by Scott [IN]) Apr 13, 2021 8:28 AM
       How would you handle? (by Nicole [PA]) Apr 13, 2021 9:03 AM
       How would you handle? (by Ken [NY]) Apr 13, 2021 9:24 AM
       How would you handle? (by S i d [MO]) Apr 13, 2021 9:25 AM
       How would you handle? (by Allym [NJ]) Apr 13, 2021 12:22 PM
       How would you handle? (by Hoosier [IN]) Apr 13, 2021 3:19 PM
       How would you handle? (by BRAD 20,000 [IN]) Apr 14, 2021 12:32 AM
       How would you handle? (by BRAD 20,000 [IN]) Apr 14, 2021 12:47 AM

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How would you handle? (by Hoosier [IN]) Posted on: Apr 12, 2021 9:14 PM
Message:

Unmarried couple lives in a rental, been there 3 years, on a MTM lease at this point.

Female moves out after a "fight", doesn't inform LL. Male wants to stay there, but wants her off the lease.

Obviously I'd want a new application from the male, but beyond that...how would you handle these other things?

1) Would you be willing to remove the female from the lease? If so, under what conditions? Full inspection and settling up of any damages? Other things?

2) What if male does not qualify based on his income alone (was approved with female's income)? I think he will qualify alone, but just want to be prepared if not.

3) I assume I should clearly articulate in writing and have him sign that any new persons on his new lease would have to fill out a new application and be put on the lease (in case he and the female reconcile)?

Other things I should be thinking of? --99.92.xxx.xxx




How would you handle? (by Hoosier [IN]) Posted on: Apr 12, 2021 9:17 PM
Message:

And I should add, the male did inform me that she moved out "10 days ago" recently. He approached me with a very responsible attitude and asked how he could stay there but get her off the lease. He is responsible and has been the one paying the rent...they have been very good tenants up to this point.

No children are in the picture, so I'm not worried about child support and so on...but I know other financial issues can cause short-term issues with money (for example, she may have their only car titled in her name, so he may have to buy another car)...so in the past I've asked for an additional "deposit" until rent-paying-performance can be proven...usually I tell them if they pay 6 months on time we will return this amount...this has worked well for me in the past...wondering if anyone else has used this. --99.92.xxx.xxx




How would you handle? (by Sorta Blonde [CA]) Posted on: Apr 12, 2021 9:31 PM
Message:

Does SHE want off the lease? If so and he can handle it alone, sure, new application, new lease. so far you only have his word on this. But what if she comes back and wants to assert her Tenant rights? Best to check with her first. Imagine her saying, "I've been locked out illegally". Get it in writing. --72.197.xx.xx




How would you handle? (by Ken [NY]) Posted on: Apr 12, 2021 9:32 PM
Message:

I dont remove anyone from the lease just because they move and break up.Tell them to pay an ELT fee and she can be removed.Realize the chances are good that she will be back and if you say anything you will be the bad guy --72.231.xxx.xxx




How would you handle? (by razorback_tim [AR]) Posted on: Apr 12, 2021 9:40 PM
Message:

My normal policy is that I don't remove anyone from the lease. I have made exceptions to that when a few conditions were met. 1 - they have fulfilled the obligations of their initial lease without any problems paying. 2 - if the one staying applied for the rental by themselves they would be approved. 3 - the one leaving needs to agree in writing that they want off the lease and they relinquish any claim to the security deposit. 4 - inspect for damages and make sure there aren't excessive damages. 5 - the staying tenant agrees to be responsible for any damages from the beginning of the lease.

Look at it from his perspective - if she is not removed from the lease then he cannot legally keep her from entering the property, staying there, or having guests, unless he has a PO against her.

As Ken suggested, if you can monetize it in any way, do so. --70.178.x.xx




How would you handle? (by small potatoes [NY]) Posted on: Apr 12, 2021 10:30 PM
Message:

the main Q is does he qualify alone? Instead of removing her, just terminate the lease w proper notice (in NY it would be 90 days) and sign a new lease w/ just him. In the meantime she is still on the hook and you have not given up a means of collecting unpaid rent if things get worse. --24.194.xxx.xxx




How would you handle? (by Hoosier [IN]) Posted on: Apr 12, 2021 10:30 PM
Message:

Blonde, he says she does want off the lease...but Ive not heard it from her...we shall see.

Ken, they are MTM, so no ELT fee. The problem is (I think) she wants to move but he does not.

Tim, your thinking is aligned with what I was planning to do...I will do a full inspection and require the staying person to top up the SD after any repair amounts are taken out...but you bring up a good point to have her sign away her rights to the existing SD.

--99.92.xxx.xxx




How would you handle? (by Hoosier [IN]) Posted on: Apr 12, 2021 10:33 PM
Message:

Thanks potatoes, yes thats basically what Id be doing. I think he will meet the criteria...I already approved them before, but Id do another criminal check and credit check just in case...to make sure he hasnt incurred any large liabilities recently. --99.92.xxx.xxx




How would you handle? (by Hoosier [IN]) Posted on: Apr 12, 2021 10:34 PM
Message:

And he makes $52k per year, and the rent is $875....so should be ok there. --99.92.xxx.xxx




How would you handle? (by GKARL [PA]) Posted on: Apr 13, 2021 5:06 AM
Message:

If I understand everything correctly you have an easy situation. If it's a month to month rental agreement it's just a matter of not renewing the existing one and then drawing up a new one in his name alone assuming he qualifies.

--209.122.xx.xxx




How would you handle? (by MAT [PA]) Posted on: Apr 13, 2021 7:27 AM
Message:

For those of you suggesting to just provide notice and end the current rental agreement, how do you handle the security deposit? Do you ask him to provide a new security deposit on his own for the new lease, and then refund the old security deposit 30 days (or whatever your state says) afterwards? I always did what razorback suggested, and never returned any security deposit since I had never gotten possession. --100.34.x.xx




How would you handle? (by DJ [VA]) Posted on: Apr 13, 2021 7:28 AM
Message:

I agree with GKARL.

Also, make sure you refund/account for the original security deposit according to law. That probably means making the check out to both of them. Then get a new deposit.

Get all the keys back - from both parties- & change the locks, too.

Only trouble would be if he doesn't qualify, but stays anyway. Just be ready for the "what if". At least it is easier to evict for holdover than non-payment. --68.229.xxx.xxx




How would you handle? (by Ken [NY]) Posted on: Apr 13, 2021 8:20 AM
Message:

You guys are putting too much effort into this,she will be back within a month,then what do all the paperwork all over again to put her back on the lease? --72.231.xxx.xxx




How would you handle? (by Scott [IN]) Posted on: Apr 13, 2021 8:28 AM
Message:

I agree with Ken. Even if m-t-m, she is still on the lease and one of them must pay an ELT for her to be removed. If she comes back, keep the ELT and put her back on the lease. Rinse and repeat. --107.141.xx.xxx




How would you handle? (by Nicole [PA]) Posted on: Apr 13, 2021 9:03 AM
Message:

I completely misunderstand what the ELT is. It's a month to month tenancy. You don't have to let her out of the lease. All the exiting tenant needs to do is give notice. Remaining tenant officially gives notice and you (if you want to keep him) sign him up as a brand new tenant. How can you collect a fee for terminating early when the lease is month to month? I don't get it. Who in their right mind would pay that? They give notice and in 30 days they're terminated. What am I not understanding here? --72.70.xxx.xx




How would you handle? (by Ken [NY]) Posted on: Apr 13, 2021 9:24 AM
Message:

Nicole,he wont leave therefore she cant terminate the lease without everyone leaving so the only way out for her without remaining on the lease is to pay an ELT. --72.231.xxx.xxx




How would you handle? (by S i d [MO]) Posted on: Apr 13, 2021 9:25 AM
Message:

Non-renew the old lease effective the end of May. Write a new lease that starts June 1st. When she moves back in, do the same thing and charge a $100 processing fee. Use the fee to go purchase and crack open a six pack. Done.

Land lording is more fun when tenants supply your beer money.

P.S. Deposit stays with the property until the new lease starts, then current tenant pays a new deposit FIRST, and once that's done, you go thru accounting for the old deposit. --107.216.xxx.xxx




How would you handle? (by Allym [NJ]) Posted on: Apr 13, 2021 12:22 PM
Message:

I would contact her and make sure she really moved out and plans to live elsewhere. Who paid the security deposit? What does she want to do about that? Then you offer him a new lease after he has handled giving her the portion of the deposit that was hers if any. --108.24.xx.xx




How would you handle? (by Hoosier [IN]) Posted on: Apr 13, 2021 3:19 PM
Message:

I agree with Nicole on the ELT, dont see how I can charge that on MTM.

Sid, yes I told him Id have to charge a new lease signing fee and get paid for another credit check.

As for who gets the deposit, our lease states that it goes to the first person listed on the lease, which is him in this case.

Ii agree I will collect a new deposit BEFORE I do the finalized move-out inspection and damages assessment.

Sounds like I have a plan. --99.92.xxx.xxx




How would you handle? (by BRAD 20,000 [IN]) Posted on: Apr 14, 2021 12:32 AM
Message:

Hoosier,

This is an everyday situation in LLing and is spelled out in a proper lease.

THIS is why I LOVE LOVE LOVE annual leases with ELT. I just received $1850 from a GF who wanted out. The guy stayed and paid for another 6 months to fulfill the lease - one less short turnover.

With MTM she just needs to give notice shes not renewing and shes off the lease.

We require a fresh app from the party who is staying and screen it for the ability to pay - still employed during. Pandemic, no new lawsuits/ collections/ criminal/ debt, current phone/ email...

We have both parties give written notice about removing one party.

I love your idea of a new signing fee.

BRAD --73.102.xxx.xxx




How would you handle? (by BRAD 20,000 [IN]) Posted on: Apr 14, 2021 12:47 AM
Message:

PS Never talk about their marital status. Its irrelevant and against Fair Housing.

Just trying to keep you safe.

BRAD --73.102.xxx.xxx



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