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-   -   Landlord agreeing to breaking lease. One tenant on lease not living in house (https://www.askmehelpdesk.com/showthread.php?t=701553)

  • Sep 12, 2012, 05:48 PM
    babybeeps38
    Landlord agreeing to breaking lease. One tenant on lease not living in house
    I am an Ohio. Landlord who rented a house to an unmarried couple w/ 4 biological children. There was a domestic dispute-father left house-am not sure if there is a restraining order in this case. Mother is having a tough time paying rent on her own. I agreed to allow her to break her lease-without penalty- to move into a cheaper situation. I am requiring her to pay Sept. rent in full-then will refund her time not occupying house is she leaves before the end of the month. Security deposit will also be refunded minus if any clean-up/damages are involved. I think I am being fair. The father is no longer occupying house. He also signed the lease along with the mother. Can I rent the house to new occupants and can a new lease be legally written up? What if the father comes at me and says he wants to live in the house? I know he cannot afford the rent on his own and I am not willing to add another renter to lease if he finds a roommate. I agreed to rent the place to the COUPLE-due to the fact that neither could afford the rent without the other's income. They were not intended to be roommates co-leasing-but I took them as an unmarried couple. What can I do? Do I have to lose $ and legally wait until lease expires? Please advise.
  • Sep 13, 2012, 06:26 AM
    AK lawyer
    Quote:

    Originally Posted by babybeeps38 View Post
    ... I agreed to rent the place to the COUPLE ... They were not intended to be roommates co-leasing-....

    You are conradicting yourself. Did you rent to both of them or not? If you did, you will need either a release from him or a breach (when he fails to pay next month's rent in full) before you can lease to someone else. You may also have a problem giving her the deposit.
  • Sep 13, 2012, 06:52 AM
    babybeeps38
    Would I be able to give 1/2 deposit to each tenant? I would like to use that as a "carrot" to get him to sign a release. I may not be able to contact him. When Oct's rent is not paid-that's all it takes to legally sign new tenants?
  • Sep 13, 2012, 07:00 AM
    AK lawyer
    Quote:

    Originally Posted by babybeeps38 View Post
    Would I be able to give 1/2 deposit to each tenant? ...

    No. Write the check to both of them. Make them sort it out. Mail it to the last known address.


    Quote:

    Originally Posted by babybeeps38 View Post
    ... When Oct's rent is not paid-that's all it takes to legally sign new tenants?

    Then you give him notice (3-day pay-or-quit in many places).
  • Sep 13, 2012, 09:02 AM
    babybeeps38
    Thank you for your time & help. I appreciate it.

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