OFTEN ONE TENANT WISHES TO BE REMOVED FROM THE LEASE AS THEY HAVE VACATED, OR A TENANT WISHES THAT A SPOUSE/PARTNER/ ROOMMATE IS REMOVED FROM THE LEASE AS THAT PERSON HAS VACATED
- You are under NO obligation to agree to allowing anyone off of a Lease.
- Any marital, roommate, job, or jail problem is the problem of the Tenants and not that of the Property Manager or the Owner.
- If you allow someone to be removed from a Lease, you just reduced the possibility of rent collection as you released a person from the Lease who may have been contributing towards the rent payment.
- If you allow someone to be removed from a Lease, they MAY decide to move back in and you cannot then force them to sign the Lease again.
- Divorce, separation, jail, or roommate disputes are NOT the problems of the Property Manager or the Owner.
- If you agree that a Tenant will be removed from the Lease, ALL parties must agree IN WRITING and this includes any remaining Tenants.
- If the remaining Tenants and the removed Tenant do not agree, then you cannot remove a Tenant from a Lease.
- It is NOT relevant that a Tenant has disappeared, moved, vacated or is in jail. The Tenants signed a lease and are responsible under the lease jointly and severally. If two people buy a car together, they BOTH have rights to the car and BOTH are responsible for paying for the car.
- If you, the Owner and ALL Tenants (remaining and removed) agree that one Tenant will be removed from the lease, the PROPER FORM must be used so the person who is removed has NO claim to the Security Deposit/Last Months Rent no matter who paid the Security Deposit/Last Months Rent.
WHEN A TENANT ASKS TO BE REMOVED FROM A LEASE OR A TENANT WISHES THAT ANOTHER TENANT IS REMOVED FROM A LEASE, YOUR RESPONSE USUALLY SHOULD BE “NO”.
IF YOU AND THE PROPERTY OWNER AGREE THAT ONE TENANT SHOULD BE ALLOWED TO BE REMOVED FROM A LEASE, THE PROPER FORM MUST BE USED OR YOU MAY HAVE A HUGE DISPUTE WHEN THE REMAINING TENANT VACATES AND THE REMOVED TENANT REAPPEARS AND WANTS THE DEPOSIT OR A PORTION OF THE DEPOSIT.
LAW OFFICES OF HEIST, WEISSE & WOLK, PLLC
“Serving the Property Management Professional”
www.evict.com www.evicttv.com www.evictforms.com info@evict.com
- STORM
- SALE
- PETS
- RENT
- LEASE
- EVICTIONS
- LIABILITY
- LEAD
- ABANDONMENT
- DEATH
- DEPOSIT
- EVICTION
- APPLICATION
- BANKRUPTCY
- ATTORNEYS FEES
- ADVANCE RENT
- DEPOSITS
- RENTAL FURNITURE
- FLOOD
- FIRE
- LIABILITY AVOIDANCE
- CARPET
- NONCOMPLIANCE
- ACCESS
- PET DEPOSIT
- EARLY TERMINATION
- CORPORATE TENANTS
- SATELLITE DISHES
- RENEWING A LEASE
- REMOVING A TENANT FROM A LEASE
- REFERRAL FEES
- LEASE BREAK
- CORPORATE TENANT
- APPLICATION AND SCREENING
- LAWSUIT
- LEASE SIGNING
- NOTICE SERVING
- REPAIRS
- NONCURABLE NONCOMPLIANCE
- TENANT PAINTING
- LEASE BREAKS
- TENANT DEATH
- ATTICS
- UNAUTHORIZED OCCUPANTS
- TAX LIENS
- SUBLETTING
- SQUATTERS
- LEASE SIGNING AND POA
- SHOWINGS
- CREDIT REPORT
- NONRENEWAL
- ESA AND SERVICE ANIMALS
- SECURITY DEPOSIT REFUNDING
- SCREENS AND WINDOWS
- RENT ABATEMENT
- RENEWAL CONFIRMATION
- REMOVING A TENANT
- PROCESS SERVER
- PRESSURE WASHING
- PREPAID - ADVANCE RENT
- PRE AND POST CLOSING OCCUPANCY
- PERSONAL PROPERTY
- DEPOSIT FUNDS
- NSF CHECKS
- MOLD
- NOTICES
- INSURANCE
- HVAC
- HOT TUB
- HOMESTEAD
- SECURITY DEPOSITS
- FIREPLACE
- SAFETY
- DOG BITES
- DISCLOSURE
- NONCOMPLIANCES
- CORPORATIONS
- LATE RENT
- CARBON MONOXIDE
- ASSOCIATIONS
- AIR CONDITIONING
- POOLS
- RELEASES
- FICTITIOUS NAMES
- SUING AND COLLECTIONS
- COLLECTIONS AND SUING
- YOUR TENANT SERVED YOU WITH A 7 DAY NOTICE - WHAT DOES THE TENANT WANT?
- WHAT DOES THE TENANT WANT?
- VERBAL AGREEMENTS
- TERMINATING DUE TO A MAJOR REPAIR NEED
- TERMINATING DUE TO MOLD
