Can I take one of two Tenants off a lease without written permission?

[vmw99]

I have an unmarried couple as tenants, both on the lease. The female has moved out and is not paying rent. The male tenant has continued to pay the full rent and wants to stay. I would like to tear up the current lease and have him resign a new one on his own, but she has been unreachable. I have not been able to get her approval to do this. Do I need her approval? She has been out of the house since July and he has been paying solely since then. He changed the locks, but she recently climbed in through a window and took some money. He has been told that he is unable to press breaking and entering charges since she is still on the lease. So there are many reasons to take her off the lease for my good and my tenants. Please advise.

 

[Gail_in_Georgia]

Legally you do need all parties to sign off that one tenant is being taken off the lease. Is she working and if so, do you have her work address? If so, have the current tenant send her a letter that he will file a lawsuit against her for her share of the owed rent from July on he has been paying but will forego this lawsuit if she signs off the lease.

Gail

 

[Gail_in_Georgia]

Option number 2...

You can begin to initiate the process of eviction of the female tenant for failure to pay her share of the rent as outlined in your state:

http://www.800helpfla.com/landlord_text.html

Send the notice to the current rental property.

When an eviction has been granted, it is landlord that has terminated the lease.

You are then free to have the current tenant sign another lease.

Gail

 

[jharris352]

I believe this is a duplicate thread. As I said in my other answer, if the tenant has "quit the property" you can do what you want with the lease. Now, that is a touchy term. Did she quit the property is your real concern. Did she move her clothes, did she move her other things, is she residing somewhere else? You are not required to evict someone who has abandoned the property, nor are you required to get their signature to re-lease the property. If you really want to cover your bases, send a certified return receipt letter to her last known address (the property if that is your last known address) stating your intentions. If it comes back, save it and do what you want with the lease.

 

[Prov31Wmn]

The advice you have been given, are some good ideas. My advice is to start with the lease they both signed and read it carefully. It should state what address legal notices are to be sent, how to legally break the lease, penalties for breaking the lease early, etc. The other thing you said that causes concern is you permitted the tenant to change the locks, so if this becomes an "illegal eviction" you are also on the hook because it was done with your knowledge. When breaking leases and evicting tenants you have to have all your "I"'s dotted and "T"'s crossed because if the judge determines the eviction is illegal you can be penalized 3X even though she wasn't paying and caused other problems. Speak with a lawyer about evicting her/breaking the lease legally so you don't put yourself on the hook for damages. Good luck.