Landlord Question and Answer Forum

I have two tenants that are 7 months into a Year's Lease that constantly argue with one another. Now one wants to terminate the lease. She gave her oral 30 day notice today, saying that she will pay for next month and will be totally out of the house by the 31st of next month. There is only one lease for this property, and both individuals are on the lease. Does her early termination terminate the entire lease? The other individual wants to stay in the house and take over full payments, but we suspect that she won't be able to pay the full amount. The one that wants to stay has threatened to sue if she is told she has to move. We also suspect that drugs are being done in the property, as I believe I smelled pot today when we had a "meeting," where the tenants were screaming at one another, but don't have any proof. This is my childhood home, and hate seeing how they are treating the property. I know this has to be treated as a business, and am trying to keep emotions out of the way. Personally, I would like both to move out, but I don't want to be the party that terminates the lease contract. Any help is much appreciated. J. in Georgia

I would let the one tenant move, and the other stay. That said, I would also serve the remaining one with an eviction notice at the first lease breach, and file for eviction swiftly. I would also discontinue the lease at the end of the term, giving her the required non-renewal of lease notice (usually 30-60 days) before the end of the lease term.

Posted by Renee R, MD on Friday, October 1, 2010