Reply: Tenants fighting & one moves out - what do I do?

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VAWA (Violence Against Women Act) protects women who are in an abusive relationship from enduring further dangerous conditions. However, there are some provisions a woman must make before being released from her rental obligation. She needs to get an Order of Protection and bring the copy to the office for her file. And, she must put into writing a request to be released from the lease. The property cannot necessarily banish the male leaseholder from the property since he still retains his lease.

As a landlord, I suggest you make all attempts to contact the male leaseholder by certified letter, any emergency contact address listed, email, phone, etc. and inform him that he is still obligated to the rental contract. You can tell him you intend to declare the unit to be abandoned within 48-72 hours (or whatever your company policy is) and that all remaining valuables will be held for 30-days. You can then, also, to be fully compliant, go through the eviction process so you can legally gain possession and change the locks. Since the woman theoretically satisfied her obligation to fulfill your policies, she is released free and clear and owes you nothing - if you released her from the lease.

Please consult your property's lawyer.
Posted 9 years 1 month ago
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Fernando Cajale
Man and woman signed the lease for one year.
Man abused the woman and was put in jail. Released two days later. She has a restraining order against him.
Woman wants to terminate the lease, we as landlords don't object.
She is removing her stuff from the apt , apparently he has removed his.
The man is no longer in contact with landlord.

Question: can landlord proceed with early termination dealing only with the woman?
We don't want to have problems later with the man who could allege he never authorized termination of the lease.

Thanks for your comments
Posted 9 years 1 month ago
There is a new domestic abuse law, which I'm fairly positive is federal. Keep this in mind for future issues.
For junking out things left behind = charge them. We have reduced the number of items left behind by telling them they will be charged for the removal.
Try to get all early vacates in writing. Then when they give you the keys you can enter freely, depending on idividual state laws.
Posted 9 years 1 month ago
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raquel cabrera
They have both relinquished the keys to you, the place is now free for you to do what ever it is you need to do to get it ready to rent again.
Posted 9 years 1 month ago
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MzBoz
My rule of thumb in all fairness. I give 2 months warning to have all rent paid up (whether they decide to move out or find another room mate) or an eviction notice. If circumstances leave someone unable to pay their rent on their own; then they need to find a new place which they can afford. Re-rent.
Posted 11 years 2 months ago
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Joshua
This is the third tenant I've put into this same unit in a year! Must be an unlucky unit as the first one was a horder and then these people. Hopefully this third tenant (selected very carefully) will be much better. ;)
Posted 13 years 2 weeks ago