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-   -   Breaking a South Carolina lease (https://www.askmehelpdesk.com/showthread.php?t=723064)

  • Dec 17, 2012, 07:29 AM
    SCAries
    Breaking a South Carolina lease
    I have a home leased to an unmarried couple. One of the people walked out on the other. Not sure why but he left. Both were named on the lease and the one remaining tenant would like to have the one who walked out to be removed from the lease. Is this possible?
  • Dec 17, 2012, 07:33 AM
    smoothy
    If you own the home and are the landlord then where is the problem... if the tenant wants it... and you want it, then agree to give them a new lease in their name only... (for at least a year to cover for your work, not for the remaining period). THe down side of this is now you only have one person you can go after unpaid rent should that problem occur.

    If you are the landlord and not pretending to be... this is all in your court. If you are really the tenant pretending to be the landlord... you can't force it unless the landlord sees a reason why it would be in their interest to do so. Because there is a signed contract... that is binding unless all parties involved agree to modify or change it.
  • Dec 17, 2012, 07:37 AM
    excon
    Hello:

    You really can't evict one, without evicting the other, and that's what she's asking you to do. It's a serious expense on your part, and it only helps HER - not you. Plus, it involves you in their PERSONAL story.

    She can achieve the same thing by obtaining a restraining order against him, or doing NOTHING. If he's GONE for good, who cares that his name is on the lease? When it expires, you can write one with her. If she pays every month, you're cool. And, if she DOESN'T, you can still go after BOTH of them.

    excon
  • Dec 17, 2012, 07:43 AM
    Fr_Chuck
    You may do it, if all three parties agree and will sign

    The person who moved out most likely wants to be off lease, since they don't want to have to pay, Person living there, may or may not want the other person off, since they are still liable for payment, The landlord often does not want to let someone off lease, since the landlord can hold them liable for payments,

    But if all parties are willing, just write up an agreement and all parties ( all three) sign it
  • Dec 17, 2012, 07:44 AM
    SCAries
    Thanks for your answers. I am not the owner of the home but managing the property for the owner. It is unlikely that I can even get in touch with the person that left. Again thank you and if you have any other advice I would be glad to hear it.
  • Dec 17, 2012, 07:50 AM
    excon
    Hello again, S:

    I know you didn't come here to get beaten up... BUT.. A GOOD manager would know EVERYTHING there was to know about his tenants, including his family, his references, his job, and ESPECIALLY, his bank accounts..

    excon

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