Check out some similar questions!

RoxanneD · Nov 1, 2010, 10:09 AM

We have a lease with 2 names on it. The two are not a couple but now after 3 months one wants to move. This is a year contract. What are our options? He still wants to stay but is not that responsible. Please advise asap tx so much.
Rox

smoothy · Nov 1, 2010, 10:14 AM

Technically they are BOTH equally held liable for the duration of the lease. And both are subject to any costs and penalties for breaking of the lease, damages or unpaid rent. That part actually is in YOUR best interests. If you give the responsible one a free ride out... and give the irresponsible one a new contract... then your chances of recovery are somewhat reduced as well as having to deal with issues of someone who may not pay on time.

Personally... I'd rather lease to a responsible person. However reality dictates that if the market is weak and its hard to find a renter in your area, you have to decide if the risk is worth it.

And yes I would run a credit/criminal history check before I let someone live on my property. It's a good CYA in case you decide you don't want to rent to them... and not violate any laws, assuming the report comes back showing problems.

RoxanneD · Nov 1, 2010, 10:48 AM

Thanks for the info. Question should I just inform the other that there name will be on the contract till it expires and will be held responsible or just do up a new lease with the other tenant? He already has another person in mind to rent and wants us to meet them of course. It is hard to find responsible renters at the moment and with winter coming on it's hard to know what to do. Tx

smoothy · Nov 1, 2010, 11:09 AM

Within the guidelines of the law... do what provides YOU the most security. There are merits to making sure any new roommate are on the lease.(I.E. damage etc).. conversely there are merits to holding both parties of the original lease responsible. You have to decide which are best for you.

AK lawyer · Nov 1, 2010, 01:08 PM

Originally Posted by smoothy

Within the guidelines of the law....do what provides YOU the most security. There are merits to making sure any new roommate are on the lease.(I.E. damage etc)..conversely there are merits to holding both parties of the original lease responsible. You have to decide which are best for you.

I would hold the original parties to the terms of their lease while agreeing to a sublease to the new person. That way you have all 3 in effect holding you harmless.