 |
|
|
 |
New Member
|
|
Dec 17, 2012, 07:29 AM
|
|
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?
|
|
 |
Uber Member
|
|
Dec 17, 2012, 07:33 AM
|
|
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.
|
|
 |
Uber Member
|
|
Dec 17, 2012, 07:37 AM
|
|
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
|
|
 |
Expert
|
|
Dec 17, 2012, 07:43 AM
|
|
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
|
|
 |
New Member
|
|
Dec 17, 2012, 07:44 AM
|
|
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.
|
|
 |
Uber Member
|
|
Dec 17, 2012, 07:50 AM
|
|
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
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
South Carolina Apartment Lease
[ 5 Answers ]
My daughter and her friend (both 21) signed a lease for an apartment at a S.C. university. The friend decided she cannot afford the lease payment and is bailing. What recourse does my daughter have. Neither of them have moved into the apartment as of this point in time. My daughter has given a...
Is it OK for a landlord in the state of South Carolina to put in a lease..
[ 6 Answers ]
is it OK for a landlord in the state of South Carolina to put in a lease that it is the tenants job to repair anything that goes wrong with the house knowing it was not up to code when the renters moved in? Also by law can the landlord make the tenent pay for attorney fees if the suit goes to...
How to break a lease in South Carolina
[ 3 Answers ]
Ok, here is my deal... I signed a 6 month lease with my roommate who works for my landlord. I was offered a job in another city and told my landlord over a month before I moved out that I had to move. She told me to find someone to take my place and everything would be fine. So I did. I found...
Breaking an Apartment Lease in South Carolina
[ 2 Answers ]
I am currently in the middle of a divorce and have been living in my office for the past 5 months. I finally decided to rent an apartment on a 6-8 month bases but was hesitant because I expect a job offer from 1 of 4 job applications I submitted at other federal installations in the lowcountry (I...
View more questions
Search
|