Landlord Question and Answer Forum

Hi, I am a landlord, who rented my condominium for 1 year to a young couple, who decided to move in together. After 3 months she filed a domestic abuse claim, he moved out. Now: he wants to get his name off the lease; she wants to take it over. Questions: - what forms to I need to prepare? - what happens to security deposit, which was paid by the guy? does he get it back? do I keep it for early lease break? does it stay with the unit, and she gets it back once new lease is over? Thank you!

First this is an issue to be wary of, always consult your lawyer. I would then draw up a mutual termination of lease for both tenants and create a full new lease and term for the one that wants to stay. With this keep in mind will the remaining party make enough to pay monthly on time. Second the security, unless it specifies who paid that it would be split up equally by both tenants, you would then want the remaining party to come up with the difference and pay you a full security based on the new lease term. This may all seem like a hassle but when it comes to these types of breaks it is better to let both go and restart fresh.

Posted by Justin R, IL on Thursday, July 28, 2016