der. Her boyfriend called me and wants out of the lease agreement Any Idea what i should do? I'm in NJ.
2007-02-14 14:56:10 · 9 answers · asked by Stan 1 in Politics & Government ➔ Law & Ethics
Just get the girl to sign a new lease on her own... assuming she can afford it on her own.
Tell the guy that you need to talk to the girl before you do anything. She is a party to the document and any reformation can't be done without her anyway.
If it starts to get messy call your lawyer but you shouldn't need the attorney if you give the girl a new lease in her name only and let the guy out of the existing one. Make sure she signs the new lease before you cancel the old one.
As far as the deposit goes just hold the entire amount you have over for the new lease and inform the girl that she will be responsible for returning whatever portion she owes to her boyfriend. Tell him the same thing. Or,if they are not happy just get a new check from the girl and after it clears cut a check made out to both of them. You should have at least a month to return the old deposit.
EDIT
Someone was on here saying don't let him out...That is just not a good idea. I am sure you have better things to do than deal with a suit from this guy if he claims that he should no longer have any obligation here. Just do what is going to be the least amount of hassle for you. Having her sign new lease is clean and easy. Stay out of their domestic issue as much as you can.
2007-02-14 15:10:00 · answer #1 · answered by C B 6 · 0⤊ 0⤋
As a landlord, your first priority should be payment for your property. If I were in your situation, I would tell the girl that I was releasing the boyfriend from the lease due to the circumstances, and ask her if she would like to sign another lease with only her as the lessee.
If she agrees, then problem solved. If she doesn't agree, but keeps up the lease payments, then there should be no problem there either. But if she fails to make payments, or violates any terms of the lease, you should obtain another renter.
Going after the boyfriend for the payments would probably be more of a headache to you than simply just finding another renter. And even many times when you obtain a judgment against someone, they have no money to pay and you still lose. If the boyfriend obviously has money, a decent steady job, and is fairly upstanding, you may have some success at collections though.
2007-02-15 13:13:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I guess I would contact the girl and tell her since she has put a restraining order on the boyfriend obviously that makes it so he cannot live there.
I would inform her that the lease should be redone with her being the sole renter.
I don't know if there are any laws in NJ specific to this situation but depending on how you did the original lease, in most places you can collect individually or from the person who is occupying at your discretion.
Since she is going to be the one occupying then ( again depending on if there is specific law contrary ) she is the one ultimately responsible for paying you anyway.
This would be alot cleaner and less of a hassle for you if you could just redo the lease with her only. either for the remaining period or whatever period you agree upon with her.
If you aren't doing so already, I would include language in your leasing contract that specifies that each signer of the lease is responsible individually and collectively for the rent due.
That gives you the flexibility of collecting from whoever you can.
2007-02-14 23:05:55 · answer #3 · answered by sociald 7 · 0⤊ 0⤋
It's been my experience that you have no obligation to let him out of the lease. Why even have a lease, if you are going to let him out of it? No, he is not allowed to be there, but that is because of his behavior (obviously something illegal or threatening), not your's. I'm disappointed if you let him out of the lease. People today think it is so easy to manipulate any situations...why?? Because they are allowed to. Does not show responsibility on his part. Why, when he went into the lease with the young woman, should he be allowed to get out of it, when the other leaseholder is bound by it. I believe if you let him out, there would probably be nothing you could do if she wanted to break the lease also. Again, why have a lease at all?
2007-02-14 23:10:21 · answer #4 · answered by Suzan 3 · 0⤊ 1⤋
In some states you can charge a deposit for each person (if they are unmarried). If you could and did, you should just let him leave, but you will need to have her let him out of the lease, and agree to pay the full amount. I would really suggest consulting an attorney asap!
2007-02-14 23:08:36 · answer #5 · answered by Kitty 2 · 0⤊ 0⤋
legally I dont know but if they are having bad enough problems that they have to get restraining orders then maybe there is a good reason you should let him out of the lease. Is he dangerous and she is scared. please dont cause a situation where someone could get hurt.
2007-02-14 23:07:02 · answer #6 · answered by just me 3 · 0⤊ 0⤋
Consult an attorney. Lots of issues here -- your ability to continue to collect rent, your liability if one or both of them does something stupid. Best to consult a lawyer.
2007-02-14 23:00:40 · answer #7 · answered by Liza 6 · 0⤊ 0⤋
Wow, this is an ugly situation. Consult your attorney about this. Just be prepared to eat your losses and find another renter if you can't resolve this.
2007-02-14 23:07:04 · answer #8 · answered by tkron31 6 · 0⤊ 0⤋
Tell them to grow up and pay up!!!!!!! Their personal life is not your problem!!!! That lease is binding.
2007-02-14 23:01:28 · answer #9 · answered by ximxca 3 · 0⤊ 1⤋