One tenant has restraining order on the other

[Mburk]

Jurisdiction

Illinois

I'm a landord. We have a lease where mutiple adults are named as co-tenants in the same home. There was domestic violence issue and one tenant now has a restraining order on another. The tenant asked us to remove him from the lease. Of course I want to protect our tenants and support them, I'm just not sure legally the right way to alter the lease so the tenant aggressor does not sure us or something. Can we just ammend the lease and remove him? Do we terminate the lease and resign a new one?

 

[adjusterjack]

I was a landlord for 20 years. I suggest you don't remove anybody from the lease. I certainly wouldn't.

Both tenants are jointly and severally liable to me. What happens between them doesn't concern me.

When the property is returned to me I want to have two people to go after if there is damage or default, not just one. Two chances to collect, not just one.

And that's exactly what I would say to a tenant who wanted me to remove another tenant from the lease.

By the way, if you fear lawsuits, you shouldn't be a landlord. Landlords should never make decisions out of fear.

 

[zddoodah]

The tenant asked us to remove him from the lease.

Which one asked this? The person who obtained the restraining order or the person against whom the order was entered? I guess it doesn't really matter.

Can we just ammend the lease and remove him? Do we terminate the lease and resign a new one?

You cannot "remove" a person from a lease. The concept doesn't make sense. A lease is a contract. You can amend the contract or you can terminate the contract, but you can only do either of those things with the consent of all parties. If all parties are willing, you can amend the lease to terminate Tenant X's obligations going forward. Or you could agree to terminate the lease in its entirety and have a new lease signed to which Tenant X is not a party. Either way, you should be sure that Tenant X releases his interest in the security deposit.

I'm just not sure legally the right way to alter the lease so the tenant aggressor does not sure us or something.

Or something? Something like what? While I won't go as far as "adjusterjack" in terms of his comment about you fearing lawsuit, I have to wonder what grounds you think "the tenant aggressor" might have to sue you as a result of the restraining order obtained by one of the other co-tenants.