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Great tenant, not so great girlfriend. He wants her out and wants to take over the entirety of the lease. This is fine by me, he pays the full rent either way. Both their names are on the lease.
Again, this is a fantastic tenant, clean and professional, the type that considers rent is "late" when paying it on time, meaning he always pays at least two weeks in advance.
Can someone point me in the right direction regarding how to put this under contract? Mainly getting rid of her name as far as the lease is concerned. Should I just write up an addendum to the lease, detailing the decision? Or do I need something more official?? Cancel the current lease and draw up a new one?
Addendum, signed by her, him, and you that she is removed from the lease and he is staying on the lease, and that the deposit is staying with the lease.
She does have to agree to her name being removed. I know that might seem obvious but ...
Now, I hate going into details that are none of my business, but lets say this girl is mentally unstable, erratic and delusional; to the point where she may have to be committed against her will, would that affect her ability to make and sign an addendum to a contract??
Now, I hate going into details that are none of my business, but lets say this girl is mentally unstable, erratic and delusional; to the point where she may have to be committed against her will, would that affect her ability to make and sign an addendum to a contract??
If she were committed for psychiatric evaluation then you'd need to consult with an attorney. Any change to a lease is contingent upon all parties agreeing to that change so if anything like this is in the mix and she won't sign then there's nothing you can do on an immediate basis.
I would explain to the guardian, or to her, that the purpose of signing is so that she will not be legally liable for the rent. Always good to point out what is in it for them.
Only other option I see is kicking them both out. Then re-renting to just the BF.
The problem is, what if they get back together? Always a possibility. Or what if she starts stalking him and screaming outside his apartment, or damaging things like breaking windows, etc.
From what you've described, unfortunately, he is NOT the perfect tenant. He is perfect in all ways - except for crazy girlfriends. I had one like that. Had to kick him out after other tenants had the cops here one too many times, because the crazy girlfriend was screaming, clawing at the BF, and throwing his furniture out into the hall.
She had blood on her. I assumed it was the male tenant who hurt her. After the cops escorted her out, one of them told me it was the BF's blood, not hers! And she was a little bitty thing, and he was a large man lol!
Only other option I see is kicking them both out. Then re-renting to just the BF.
I'd let him go. Find a new tenant.
You can concoct a whole series of "what ifs" based on what the OP has divulged but he made it clear that the male partner of this couple is an excellent tenant. Nor can you just terminate a lease for no legal reason and obviously there is none whatsoever. If the female party to the lease refuses to agree to and sign an addendum removing her name from the lease then the OP (or the other tenant) needs to seek legal advice.
Then if she starts up any sh*t with the tenant, you can call the law on her, because she's no longer your tenant; she is a violent stranger.
Evict on what grounds?????
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