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    Geront's Avatar
    Geront Posts: 1, Reputation: 1
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    #1

    Oct 11, 2007, 12:26 PM
    Occupant but not lease signor.
    I work for a property management company in Washington DC and we have a very unusual situation.

    A man and wife leased an apartment from us 1 year ago, their lease expires at the end of this month, then goes automatically to a month to month.

    The man's name is on the lease, and his business for tax purposes, but his wife is listed only as an occupant, not a lessee.

    They split up. The husband gives us written notice that he is vacating, and moves out. The wife stays. The husband pays September rent while no longer living there. Now neither are willing to pay October rent, saying that the other is responsible.

    Question is: Is an occupant still an occupant when the lessee is no longer physically living in the unit?

    Can the remaining occupant be asked to enter into a new lease or asked to vacate?

    If the lessee signor gave notice and departed, even though in essence he broke his lease by leaving 2 months early, can he be held responsible after the end of the lease for rent or damages, if his listed occupant is still living in the unit?

    Or finally, since the lease ends at the end of this month, can we just give 30 day written notice that we are not going to renew month to month and demand surrender of the unit?

    Thanks,

    Tony
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 11, 2007, 01:17 PM
    Husband and his company are liable for your payment, you bill then, and you evict them naming normally ( other un-named occupants in the eviction. Since this involves commercial property ( rented to a business), I would have a real estate attorney do the eviction notices

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