What should I do with the lease when one tenant abandons?

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Philly Landlowrd

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So I have a lease with a couple for a year and after the first year and into the second year lease one leaves, they do not tell me but I figure it out. The other still pays rent on time so no big deal but now the lease is coming up to its expiration. Normally I would offer a 1 year extension or allow it to go Month to Month if the Tenants want to stay but in this case I am not sure.

As I said the rent is still being paid but if it goes month to month and I am aware the other roommate left what happens if I start having problems with the other roommate and I ever need to evict. I am concerned the courts will give me a problem if I try to hold the roommate that left accountable since I have been aware for some time of them abandoning. Just to state, that roommate never sent me notice or requested to be removed from the lease so legally they are still bound to it.

The lease does have a joint and several liability clause.

Now I spoke with several other property owners and the consensus is to write a new lease for the remaining roommate if he wants to continue staying there after the year lease expires. He is the problem, when I leased the place I took a chance, their credit was not good and their apps from the screening service were rejected, only the roommate that stayed was accepted but required a co-signer.

So this is what I proposed to him, I offer him to stay (He only wants month to month) but he must sign a new lease removing the other roommate and that he must get a co-signer. There is nothing that has changed in this persons background to significantly alter his position, in fact; he has changed jobs three times since moving in and in different fields so his income is unstable.

I do not think I am asking to much and am being reasonable with this but he is pushing back with he has been there 2 years and paying rent, yes that is true but that was also with both roommates financially securing the property. I have been doing this for a long time and seen many situations and believe standing by my policies that follow the local laws are the best course for me.

I am planning to deliver the 30 day notice to vacate because my time is running out even while I wait to hear from him if he will provide a co - signer. He already said once he will not and plans to leave but his latest notice indicates differently and wants to stay he just does not think he should need a co-signer.

Just looking for some advice as I think allowing this to go M2M without a new lease removing the old roommate is not an option and may be a headache for me. But I have to ask, what if I did that and just let him stay with it in place and M2M and then I have problems?
 
I was a landlord for 20 years and will tell you this: Never let your tenant "push back" when it comes to terms.

I suggest you give him written notice of termination far enough in advance of the expiration of the lease and state that you will reconsider if he accepts your terms for continued occupancy.

Once the current lease expires, it's irrelevant that the other tenant left unless there is damage that is not covered by the deposit.

By the way, you are liable to both tenants for any return of the security deposit and I strongly suggest that you make any refund check payable to both of them unless you get written consent from the other tenant to just make it out to the one. Otherwise the other one can come back at you and you could have to pay twice.

Meantime, if you haven't done so already, I suggest you carefully study the PA landlord tenant statute, especially the security deposit part.

Browse - Unofficial Purdon's Pennsylvania Statutes from Westlaw
 
Hello, thanks for the reply

I am aware of the law on security deposits and will send it to both tenants.

I am giving written 30 days today but I already notified him back in October by writing.

I am not sure what you mean by being irrelevant, since this will go M2M should I not force him to sign a new lease and avoid and potential headaches should the other tenant come back and push to get off now?
 
I am not sure what you mean by being irrelevant, since this will go M2M should I not force him to sign a new lease and avoid and potential headaches should the other tenant come back and push to get off now?

If you allow him to transition to a MTM, you run the risk of allowing him more time to freeload, running up more unpaid debt, while you could procure a new tenant who doesn't cause you trouble and pays the rent in full on time every month.
 
If you allow him to transition to a MTM, you run the risk of allowing him more time to freeload, running up more unpaid debt, while you could procure a new tenant who doesn't cause you trouble and pays the rent in full on time every month.


That is not the problem, he pays me on time, usually no problems. My concern is the existing lease with the tenant that left. I offered the remaining tenant the option to stay but he needs to redo the lease, remove her and get a cosigner. I think this is a fair and protects me. It is just the remaining tenant does not want to or cannot get a cosigner, not sure. I prefer he stays but I must ensure the lease is financially secured. Was just wondering what if I just let it go m2m and I start having a problem with him, what would the courts say? I think they would say you knew she left and should have removed her from the lease.
 
I guess my other question is regarding the security deposit. Since one tenant abandoned the lease do I really need to refund it to both tenants? I do not even her her address to send it to? In effect by abandoning she forfeits her security deposit and I have a clause that if one tenant leaves partial refund will not be issued, only when all parties vacate will a refund be issued, if the tenant that left feels they are owed anything they must work that out with the other tenants. In addition, she never notified me she was leaving or sent notice to remove her from the lease.
 
. Was just wondering what if I just let it go m2m and I start having a problem with him, what would the courts say? I think they would say you knew she left and should have removed her from the lease.

If you allow him to holdover, the lease becomes a tenancy at will.

You can bring an eviction action, or give him notice to quit as indicated in your state laws about at will tenancies.

However, if she's not there as an at will tenancy commences, he's the one in a MTM tenancy with you.

She wouldn't be involved in the new MTM tenancy.

If a court action were ever brought to evict him, you could also use the language to concurrently evict unknown occupants, "any and all Jane or John Doe tenants"; or words to that effect.
 
I guess my other question is regarding the security deposit. Since one tenant abandoned the lease do I really need to refund it to both tenants? I do not even her her address to send it to? In effect by abandoning she forfeits her security deposit and I have a clause that if one tenant leaves partial refund will not be issued, only when all parties vacate will a refund be issued, if the tenant that left feels they are owed anything they must work that out with the other tenants. In addition, she never notified me she was leaving or sent notice to remove her from the lease.


Do you really want to fight over that, too?

For the record, she's STILL on the hook as YOUR tenant.

I'm sure your current tenant old give you her new address.

Barring that, read the statute about deposits posted by adjusterjack above, as well as the proper way to address the deposit.

adjusterjack gave you the wise advice about the deposit in one of his replies to you in this thread.
It's somewhere above this post.
 
No the tenant did not provide her address nor did the remaining tenant, secondly whom should I send it to anyway since there are two addresses, I plan to address to both tenants but I also plan to send it to the existing tenant that I have a valid address for. tenants are required to provide me with proper notice and an address, in this case that has not been provided.

This is the clause in my lease after the addressing of security deposit
"
TENANT ACKNOWLEDGES the security deposit listed in this Rental/Lease Agreement is held by the Landlord or Landlord's Agent. Tenant acknowledges and agrees that the security deposit cannot be used at any time for the payment of rent. Tenant also acknowledges that the security deposit will not be refunded until after vacancy, and the security deposit will be endorsed to all current Tenants on the Rental/Lease Agreement. No portion of the security deposit will be refunded if one or more roommates give Notice to Vacate prior to lease expiration and are no longer on the Rental/Lease Agreement. Such amounts that he/she believes are owed to him/her must be worked out between the roommates themselves. The security deposit will only be refunded when the Premises are completely vacated and full possession of the Premises is turned over to the LANDLORD.
"

So at this point I spoke with the remaining tenant and he wants to stay, I plan to end this lease and refund the security to both tenants, this will be sent to the known address I have for the remaining tenant.

The remaining tenant will be extended an offer to sign a new lease and must provide a new security deposit. This way the old lease is expired out and replaced. I do not know any other way to do this to protect the property and the two of them can work out between themselves on the security deposit.



Do you really want to fight over that, too?

For the record, she's STILL on the hook as YOUR tenant.

I'm sure your current tenant old give you her new address.

Barring that, read the statute about deposits posted by adjusterjack above, as well as the proper way to address the deposit.

adjusterjack gave you the wise advice about the deposit in one of his replies to you in this thread.
It's somewhere above this post.
 
No the tenant did not provide her address nor did the remaining tenant, secondly whom should I send it to anyway since there are two addresses, I plan to address to both tenants but I also plan to send it to the existing tenant that I have a valid address for. tenants are required to provide me with proper notice and an address, in this case that has not been provided.

This is the clause in my lease after the addressing of security deposit
"
TENANT ACKNOWLEDGES the security deposit listed in this Rental/Lease Agreement is held by the Landlord or Landlord's Agent. Tenant acknowledges and agrees that the security deposit cannot be used at any time for the payment of rent. Tenant also acknowledges that the security deposit will not be refunded until after vacancy, and the security deposit will be endorsed to all current Tenants on the Rental/Lease Agreement. No portion of the security deposit will be refunded if one or more roommates give Notice to Vacate prior to lease expiration and are no longer on the Rental/Lease Agreement. Such amounts that he/she believes are owed to him/her must be worked out between the roommates themselves. The security deposit will only be refunded when the Premises are completely vacated and full possession of the Premises is turned over to the LANDLORD.
"

So at this point I spoke with the remaining tenant and he wants to stay, I plan to end this lease and refund the security to both tenants, this will be sent to the known address I have for the remaining tenant.

The remaining tenant will be extended an offer to sign a new lease and must provide a new security deposit. This way the old lease is expired out and replaced. I do not know any other way to do this to protect the property and the two of them can work out between themselves on the security deposit.


We aren't equipped, to be YOUR lawyer.
At this point, I suggest you spend $500 and consult with YOUR lawyer.

Good luck.
 
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