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    babybeeps38's Avatar
    babybeeps38 Posts: 6, Reputation: 1
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    #1

    Sep 12, 2012, 05:48 PM
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 13, 2012, 06:26 AM
    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.
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    babybeeps38 Posts: 6, Reputation: 1
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    #3

    Sep 13, 2012, 06:52 AM
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 13, 2012, 07:00 AM
    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).
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    babybeeps38 Posts: 6, Reputation: 1
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    #5

    Sep 13, 2012, 09:02 AM
    Thank you for your time & help. I appreciate it.
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