[Burrell1988]

Had a couple rent our apartment. After 2 months, they ended their relationship, and she vacated the premises. He asked us if he could still rent the apartment and have the lease revised omitting her from it, which was done. Now after one month of him in the apartment alone he has informed us, with a 2 day notice that he is moving out.
Prior to their breakup,extensive damage was done to the apartment due to a grease fire. Had a licensed contractor examine it, and the cost to repair was approx $1100.00. Knowing that they could not afford the cost, I repaired/cleaned it myself, and charged him $350, which he was paying in increments weekly. Now a balance is still due ($100), cable agreement is still due($100), and weekly rental payment is still due($325) he asked to pay weekly, because it was easier for him then saving up $1300.00 in one lump sum. Carpets have to be replace, due to smoke damage.
Where do we legally stand as landlords?

[Fr_Chuck]

Legally, you are very poor landlords, sorry but you were operating a charity, and not a business.

If these people could not afford to pay the deposit and the rent properly, you should not have rented to them.

This was easy to see coming from anyone who is a professional landlord.

1. If the women did not sign to agree to take her name off lease, you illegally wrote a new rental agreement excluding her from the apartment. If she is or is not allowed back would be up to a court, unless they both agreed and both signed the new paper work taking her off.

2. Him and her both owe for damages prior to the time you changed the lease.
She may use the change in the lease to show she is not liable for it any longer.
** that will be up to a court to decide.
3. He owes it, you will never get paid, once he moves he will never pay you another penny

4. Even if you sue, and get a judgement, he has nothing, so he still won't pay, so you will have to garnish his pay, if he works and your location lets you garnish.

So basically this is a large loss of money and a learning experience.

You need to require renters to have renters insurance, to help pay your damges if needed.

And you need to always get full rent and deposit up front before they move in, and rent is always paid ahead.

[ScottGem]

Chuck's response may be harsh but he is right, renting is a business, if you don't operate it as a business you will be taken advantage of.

Legally, he owes whatever he agreed to pay until you can find a new tenant. You can deduct that from his deposit, but you have return the deposit or an accounting of how it was used within the statutory period for your location.

If the deposit doesn't cover what he owes, then you have to sue for the balance.