Removing tenant from lease

[Molly]

My husband and I have tenants (boyfriend/girlfriend) in our rental home. Both are listed as co-tenants on the lease. The male was just arrested for domestic battery/battery in the presence of a minor younger than 16, and is now incarcerated. The female has a protective order against him now, and is going to continue to live in the home. He broke the lease by committing this, and because he cannot be near her, we need to know how to legally remove him from the lease. Our lease agreement is month to month, beginning at the first of each month. Do we deliver a notice to quit to him at the jail, or simply rewrite our lease with her this month and omit his name?

my husband and I own a rental home and currently have two tenants there (boyfriend/girlfriend). Recently the male wa ps arrested for domestic battery and battery in presence of minor at the home. Because the incident occurred in our rental, he has broken the lease, and she also has a protective order barring him from entering. She is staying at the home and he is still incarcerated, and will be for some time.How do we legally remove him from our lease? It is a month to month lease, renewing the first of each month. Can we serve him with a notice to quit, or simply rewrite our lease at the first of the month and remove him from the lease? Thanks in advance for your help!

 

[adjusterjack]

Duplicate post. See:

Removing tenant from lease

As a former landlord my advice would be to leave things alone. Your female tenant has a variety of rights under the Indiana landlord tenant act Chapter 9. Read it at:

2013 Indiana Code :: TITLE 32. PROPERTY :: ARTICLE 31. LANDLORD-TENANT RELATIONS :: CHAPTER 9. RIGHTS OF TENANTS WHO ARE VICTIMS OF CERTAIN CRIMES

She might find that she can't afford to stay there on her own and she'll terminate the agreement.

If that happens you have two people responsible for any damage to the rental instead of just one.

If she leaves with no damage you'll need to put both their names on the check for any security deposit refund. This won't be good for her, but if you don't do it that way, he can come back and make you pay him. That could happen even if you gave him notice of termination.

PS: You refer to "month to month lease." If there is an end date to the lease you would not be able to terminate his tenancy until the end date for what he did unless his behavior including damage to the property.

See Chapter 6:

2013 Indiana Code :: TITLE 32. PROPERTY :: ARTICLE 31. LANDLORD-TENANT RELATIONS

In fact, study the entire statute if you haven't already done so.