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Tenant Breakups

By
Services for Real Estate Pros with AppFolio, Inc.

Tenant Breakups

There often comes a time for a landlord when co-habiting tenants break up. It’s definitely not your job to step in to become a sort of interventionist in the situation. However, you may find that their relational problems do entangle you in some collateral issues.

When your tenants break up, they may come to you as they sort out their living situations. Even if they are already aware of the policy for full-out breaking the lease, they may want to ask about subletting the property to another renter, taking on the property as a single person, or bringing in a new roommate. Make sure that you take a look at what is outlined in their lease before beginning a discussion like this. Then simply reinforce what is stated there.

As you discuss the tenants’ options, you’ll need to decide whether you’re better off working with them to accommodate their needs or just calling it quits and working to find a new tenant (depending, of course, on the lease). For example, if one of the tenants wants to stay but needs a new roommate, do you let them change the other name on the lease or make them the sole responsible person? Even if there is a policy for this and it is outlined in your lease, for the right tenant, you may choose to bend the rules. The same applies to a request from a tenant to completely break the lease.

You also need to be prepared for the fact that your tenants may try to drag you into the more personal elements of their breakup. You can provide clarification on their options, but try to avoid providing advice on how they should live, even when they are asking for it. Your relationship is strictly business, and it should remain that way.

This is a circumstance that can be difficult to navigate, but is just one of the curveballs that life likes to throw landlords to keep them on their toes!

Posted by

Zach Devine, Marketing
RentApp.com (A Service of AppFolio)

 AppFolio Property Manager

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Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

If domestic violence is suspected, landlords need to KNOW what their options and RESPONSIBILITIES are - in some states, a tenant with a RESTRAINING ORDER * TRO * can get out of their lease or at the every least, have the locks changed....

http://www.legalmomentum.org/assets/pdfs/housing-1.pdf

Jun 05, 2012 07:02 AM