Advice on removing a Tenant from the lease

[yennegere]

I have a couple renting my house for the past two years, and now on a month-to-month lease. I am happy with them and they pay the rent on time, and they seem to be happy living at my house.

Now one of them wants to move out (personal reason), but the other half wants to stay.
1. what are the legal things that I should follow?

2. I read that I should prepare an addendum for removing the tenant. I have no problem with this..but am I missing future problems..that I should include in the addendum?

3. The problem is the spouse who wants to stay doesn't have a strong source of income like the one who is moving out. Little confused about taking risk here..is there like a strong legally binding laws that I can ask her/him to sign so that I am covered if she/he fails to pay rent on time going forward?

Any other tips would be wonderful...

Thanks for you help.
-V

 

[Gail_in_Georgia]

All three parties...the two tenants and the landlord (you) must agree in writing to this change. What you would be signing is an agreement that one of the tenants can be taken off the lease with one remaining on it and taking full responsibility for the rent.

If you are concerned that the remaining tenant will not be able to meet the rent, then refuse to sign such an agreement. You would treat the remaining tenant as you would treat a new applicant in regards to determining their ability to meet the rent requirements. All tenants on the lease would then be required to continue paying the rent until the oral lease is terminated.

How to terminate an oral lease is attached:

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

If you agree to allow the tenant to move out and the remaining tenant is unable to pay, you begin the process of eviction and suing for owed rent as outlined in California laws:

http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

This can be a long, drawn out process; in the meantime your tenant continues to live rent free in your unit.

Gail