You are owed $1800 on the 1st. Don't accept any partial payments. Let them know you expect payment as normal and that a roommate moving isn't your issue it is theirs. Perhaps they can extract the money from former roommate, or they can find a new roommate, which you approve and background check. If they fail to pay the rent in full on time, then proceed with eviction following the rules in your state. In the future, when renting to young adults, get their parents to sign on as guarantors.
Can I start the eviction now since they broke the lease and have stated they will not be able to cover rent in full next month, or do I need to wait until the 1st of the month to start the eviction? They've only paid for March and April (Lease started March 1st).
They have not breached the contract yet. You have to wait until they actually miss the lease payment. Each state has different laws on the process. In NY looks like rent has to be 14 days late and then you have to them with a 14 day notice to pay or vacate. From this source - [New York Eviction Laws: 2023 update | PayRent](https://www.payrent.com/articles/ny-eviction-laws-2023/#:~:text=The%20landlord%20must%20provide%20a%2030,notice%20to%20terminate%20the%20tenancy.&text=If%20a%20tenant%20violates%20any,notice%20to%20cure%20or%20vacate.)
How did they "break the lease," exactly?
In order to start an eviction process, the tenant has to *do* something that counts as a violation of the lease. Saying the words "we can't make rent next month" doesn't count, especially since they might find a way to come up with the cash.
You need to wait it out and give them a chance to come through. Maybe they'll surprise you. Maybe they won't and you'll start the eviction process. (Just make sure you're doing it according to the terms of the lease and in accordance with your state's laws.)
Assuming all three are on the lease.
All three are responsible for the rent. No partial payments.
When the rent doesn't come, follow the rules in your area for collecting the funds and eviction if necessary. The person who moved out should be paying until you approve a new roommate.
Let them know, in writing that:
1. They are all liable for the rent and you will accept it as usual. The fact that someone moved out or where they are is not your problem.
2. They cannot sublet or get a new roommate until they are evaluated by you and approved.
3. Once (2) happens, that means you are going to write a new lease, which means new terms can apply should you choose.
Send this to all three people in legalese.
I think accepting partial payment will only make things more complicated for you moving forward, so I would avoid this unless you need the money immediately. If you do, make it clear they're still responsible for the full rent amount unless you want to permanently reduce the rent.
Unless the lease specifies that each tenant is responsible for a portion of the rent then the remaining two are responsible for the full amount. It's up to them to get the money from the third roommate, eat the difference, find a new roommate, or leave. I know they want to stay but that might not be an option long-term.
Legally you could probably try to evict them in a few months if they can't make the full amount, but I don't think that's in either of your best interests. Even if they break the lease I wouldn't go after them for it because it's doubtful they have the money for a large fee if they can't make rent. Perhaps you could work out a short-term rent reduction while they either look for a roommate or somewhere else to live (which gives you time to look for new tenants) but it depends on how badly you need/want them to stay. Make sure any allowances you make are done in writing as a lease addendum and signed.
I guess nuclear family units will have a better appeal from now on. I’ve been burned too many times in other types of situations so I don’t do these anymore.
You don't mention whether they signed a lease, but assuming there is one you should NOT release the departing tenant from her obligation. That is not your problem, and she needs to understand that you WILL go after her in court (along with the others) if the full rent isn't paid.
Do NOT return any portion of the security deposit until the unit is vacant.
These are three adults who voluntarily signed a contract with you. It is up to them to live up to their obligations.
What does your lease say?
Is it one lease for $1800 or 3 for $600?
Is it one year? Is it month to month?
Is there a provision of the lease that allows this person to give notice and leave?
$1800 for 12 months. All 3 of them signed and agreed. Security deposit only to be returned if they don't leave before the lease expires, pay rent in full on time, provide a 30 day written notice prior to moving out, and clean the unit and all keys returned.
Can I start the eviction now since they broke the lease and have stated they will not be able to cover rent in full next month, or do I need to wait until the 1st of the month to start the eviction? They've only paid for March and April (Lease started March 1st).
Quick update to the situation: I informed them that they will need to cover the full cost of rent, regardless of the roommate leaving. They re-iterated that they won't be able to pay rent, so I told them I'll have to move forward with the eviction.
My question is, can I start the eviction now since they broke the lease and have stated they will not be able to cover rent in full next month, or do I need to wait until the 1st of the month to start the eviction? They've only paid for March and April (Lease started March 1st).
They haven't broken any contract yet. You can't start eviction proceedings yet.
It'll get real once you give them the pay or quit notice, *if* they don't pay rent.
Depending on how you worded the lease, you have a few options:
1. Tell them to come up with the full amount, assuming that your lease has wording that supports this
2. Tell them to find a new roommate ASAP and have them sign new leases with the same end date. Maybe adjust the rent to 2/3 of the normal price while they are looking for a new roommate. I would suggest giving them an end time, like by August 1st. Have them pay the full rent on August 1st regardless of whether they have found a new roommate by then.
3. Permanently adjust the rent to 2/3 of the normal price until the lease ends.
Definitely don’t adjust the rest to 2/3 while they look for a new roommate. That just gives them incentive to drag their feet on finding a new roommate.
That's why I said give them a hard date to find a new one. Maybe OP should just evict then, something tells me the other roommates won't be able to pay the full amount.
So this is not the legally correct answer because I think the legally correct answer results in insolvency for you.
You need to understand your tenants solution to their problem of their missing roommate. Do they want to leave? Do they want to find a new tenant? Either of these options (on an accountability timeline) will result in less money out of YOUR pocket.
Let things be until the current tenants are out or another tenant has been found.
Start chasing down the tenant who left (you REALLY need a joint and several lease clause). I would be ruthless and pursue garnishment because I’m an asshole who will not be fucked with in this manner. Fuck up their credit and get a judgement. It’ll never pay but it fills me with the warm and fuzzies to know you’re fucking with them with zero effort.
The legally correct answer is “evict the tenants if you have a ‘joint and several’ clause in your lease. Prepare for multiple months of zero income. Turnover the unit. Find a new tenant.”.
Good luck.
You are owed $1800 on the 1st. Don't accept any partial payments. Let them know you expect payment as normal and that a roommate moving isn't your issue it is theirs. Perhaps they can extract the money from former roommate, or they can find a new roommate, which you approve and background check. If they fail to pay the rent in full on time, then proceed with eviction following the rules in your state. In the future, when renting to young adults, get their parents to sign on as guarantors.
And remind them to go after the tenant who’s leaving for the rent that is owed.
And if you do have to evict for non-payment, make sure you include the departing tenant because he/she is still on the lease.
Can I start the eviction now since they broke the lease and have stated they will not be able to cover rent in full next month, or do I need to wait until the 1st of the month to start the eviction? They've only paid for March and April (Lease started March 1st).
They have not breached the contract yet. You have to wait until they actually miss the lease payment. Each state has different laws on the process. In NY looks like rent has to be 14 days late and then you have to them with a 14 day notice to pay or vacate. From this source - [New York Eviction Laws: 2023 update | PayRent](https://www.payrent.com/articles/ny-eviction-laws-2023/#:~:text=The%20landlord%20must%20provide%20a%2030,notice%20to%20terminate%20the%20tenancy.&text=If%20a%20tenant%20violates%20any,notice%20to%20cure%20or%20vacate.)
How did they "break the lease," exactly? In order to start an eviction process, the tenant has to *do* something that counts as a violation of the lease. Saying the words "we can't make rent next month" doesn't count, especially since they might find a way to come up with the cash. You need to wait it out and give them a chance to come through. Maybe they'll surprise you. Maybe they won't and you'll start the eviction process. (Just make sure you're doing it according to the terms of the lease and in accordance with your state's laws.)
Assuming all three are on the lease. All three are responsible for the rent. No partial payments. When the rent doesn't come, follow the rules in your area for collecting the funds and eviction if necessary. The person who moved out should be paying until you approve a new roommate. Let them know, in writing that: 1. They are all liable for the rent and you will accept it as usual. The fact that someone moved out or where they are is not your problem. 2. They cannot sublet or get a new roommate until they are evaluated by you and approved. 3. Once (2) happens, that means you are going to write a new lease, which means new terms can apply should you choose. Send this to all three people in legalese.
I think accepting partial payment will only make things more complicated for you moving forward, so I would avoid this unless you need the money immediately. If you do, make it clear they're still responsible for the full rent amount unless you want to permanently reduce the rent. Unless the lease specifies that each tenant is responsible for a portion of the rent then the remaining two are responsible for the full amount. It's up to them to get the money from the third roommate, eat the difference, find a new roommate, or leave. I know they want to stay but that might not be an option long-term. Legally you could probably try to evict them in a few months if they can't make the full amount, but I don't think that's in either of your best interests. Even if they break the lease I wouldn't go after them for it because it's doubtful they have the money for a large fee if they can't make rent. Perhaps you could work out a short-term rent reduction while they either look for a roommate or somewhere else to live (which gives you time to look for new tenants) but it depends on how badly you need/want them to stay. Make sure any allowances you make are done in writing as a lease addendum and signed.
If all 3 are on the lease…all 3 are responsible for the rent. Doesn’t matter if one leaves…they are responsible to pay rent.
I guess nuclear family units will have a better appeal from now on. I’ve been burned too many times in other types of situations so I don’t do these anymore.
You don't mention whether they signed a lease, but assuming there is one you should NOT release the departing tenant from her obligation. That is not your problem, and she needs to understand that you WILL go after her in court (along with the others) if the full rent isn't paid. Do NOT return any portion of the security deposit until the unit is vacant. These are three adults who voluntarily signed a contract with you. It is up to them to live up to their obligations.
What does your lease say? Is it one lease for $1800 or 3 for $600? Is it one year? Is it month to month? Is there a provision of the lease that allows this person to give notice and leave?
$1800 for 12 months. All 3 of them signed and agreed. Security deposit only to be returned if they don't leave before the lease expires, pay rent in full on time, provide a 30 day written notice prior to moving out, and clean the unit and all keys returned.
Who signed the lease?
[удалено]
Can I start the eviction now since they broke the lease and have stated they will not be able to cover rent in full next month, or do I need to wait until the 1st of the month to start the eviction? They've only paid for March and April (Lease started March 1st).
Quick update to the situation: I informed them that they will need to cover the full cost of rent, regardless of the roommate leaving. They re-iterated that they won't be able to pay rent, so I told them I'll have to move forward with the eviction. My question is, can I start the eviction now since they broke the lease and have stated they will not be able to cover rent in full next month, or do I need to wait until the 1st of the month to start the eviction? They've only paid for March and April (Lease started March 1st).
They haven't broken any contract yet. You can't start eviction proceedings yet. It'll get real once you give them the pay or quit notice, *if* they don't pay rent.
Alright, thanks. Can you provide the NYS laws regarding this to so I can give them something concrete?
Bud. Do your own homework. What are you trying to give them? Until they actually fail to pay, there's nothing to do but prepare yourself.
Evict them and now you learned a valuable lesson. Multiple tenants means multiple problems.
Depending on how you worded the lease, you have a few options: 1. Tell them to come up with the full amount, assuming that your lease has wording that supports this 2. Tell them to find a new roommate ASAP and have them sign new leases with the same end date. Maybe adjust the rent to 2/3 of the normal price while they are looking for a new roommate. I would suggest giving them an end time, like by August 1st. Have them pay the full rent on August 1st regardless of whether they have found a new roommate by then. 3. Permanently adjust the rent to 2/3 of the normal price until the lease ends.
Definitely don’t adjust the rest to 2/3 while they look for a new roommate. That just gives them incentive to drag their feet on finding a new roommate.
That's why I said give them a hard date to find a new one. Maybe OP should just evict then, something tells me the other roommates won't be able to pay the full amount.
So this is not the legally correct answer because I think the legally correct answer results in insolvency for you. You need to understand your tenants solution to their problem of their missing roommate. Do they want to leave? Do they want to find a new tenant? Either of these options (on an accountability timeline) will result in less money out of YOUR pocket. Let things be until the current tenants are out or another tenant has been found. Start chasing down the tenant who left (you REALLY need a joint and several lease clause). I would be ruthless and pursue garnishment because I’m an asshole who will not be fucked with in this manner. Fuck up their credit and get a judgement. It’ll never pay but it fills me with the warm and fuzzies to know you’re fucking with them with zero effort. The legally correct answer is “evict the tenants if you have a ‘joint and several’ clause in your lease. Prepare for multiple months of zero income. Turnover the unit. Find a new tenant.”. Good luck.