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    janeene's Avatar
    janeene Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 14, 2007, 07:02 AM
    Landlords and tenants
    If there is two Tenant and the spouse drops his/her part of the lease agreement before the lease is up can the landlord evict the first/other Tenant? Or will the other Tenant have to be able to prove they can pay the rent and utilities?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Mar 14, 2007, 07:38 AM
    If either continues to pay, the landlord has no right to evict. Why would you want to? They do not need to prove anything to anyone, just meet the financial obligation to pay.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Mar 14, 2007, 12:26 PM
    The owner has to allow the lease provisions no matter if one person moves, out, it only means the one left has to make all the payments, or sue the one who left for what they owe.
    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
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    #4

    Mar 14, 2007, 02:57 PM
    Both people signed the lease, and both individuals are independently responsible to pay the full amount, whether they live in the rental property or not. If one of the tenants move out, it does not end their financial responsibility. The landlord would still expect to receive the full amount of the rent every month until the lease ends. If one tenant pays the full amount, he can always take the second tenant to small claims court to collect payment. If the remaining tenant is not financially able or willing to pay the full monthly rent, the landlord will most likely file an eviction against both tenants. Since each tenant is equally responsible to pay the full amount of the rent, the landlord will go after the one that is most collectible, or both if they are both collectible.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #5

    Mar 14, 2007, 04:11 PM
    Landlord advocate, did you leave out a word like one tenant does notpay the full amount. "If one tenant pays the full amount, he can always take the second tenant to small claims court" If one tenant were to pay the full amount the debt has been met and there are not grounds to take the second tenant to court or did I raed you wrong?

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