braxx
Club Member
I am inquiring for a friend who just started renting out a house for the first time back in July as an income property.
Scenario:
Boyfriend and girlfriend move into a rental house July 1st. One year lease is in boyfriends name only but girlfriend has been paying for the rent out of her checking account. I don’t know if she is pay all of the rent, half of the rent or what. I just know that she cuts the rent check. Around middle of Sept. they break up and the girlfriend takes off to visit her dad and family out west. She leaves ALL of her belongings including her newer Jeep. She says she will be back at end of Sept. She came back around Sept. 24th, stayed for a week in the house with the ex-boyfriend. They paid the rent Oct. 1st and she took off again right after the first. Here it is now Oct. 18th and the ex-boyfriend who is the only person on the lease, says that he is fed up with the ex-girlfriend and he is leaving at the end of the month and that he will not be paying Nov. rent. He says the ex-girlfriend will be back on Oct. 29th to collect her belongings. He says they are done as a couple and that they will be out by the first and will not be paying rent next month and that my buddy can find a new renter starting Nov. 1st.
Issues:
1) The ex-girlfriend cannot be contacted. My buddy doesn’t have her number and the ex-boyfriend will not give her number to my buddy. I’m not sure if she really knows that he is walking away from the house. She obviously is a resident at the house, she has her belongings there , she has made all of the rent payments from her account, etc.. If she doesn’t know that the ex is walking away I feel that my buddy can’t legally rent the house out starting Nov. 1st if the ex-girlfriend puts up a stink. I think she would have to be evicted which obviously will take time because they technically are not late or behind on payments yet. So I think she could tell my buddy to pound sand and force him to go through the eviction process. I know she will not want to stay there long term but I doubt she will be ready right away to move. I assume she might have to be evicted.
2) Is there anything that my buddy can get the guy to sign that gives up his right to rent the home as of Nov 1st. Because I can see this guy leaving by Nov 1st, My buddy will rent out the house and then the guy/girl can come back at the end of the month and expect to be able to get into the house because he technically would be less than one month late on the rent and has not been evicted.
3) I assume my buddy should start the notices/eviction process as soon as the Nov 1st rent isn't paid just to cover his ass.
What advise do you have?
Scenario:
Boyfriend and girlfriend move into a rental house July 1st. One year lease is in boyfriends name only but girlfriend has been paying for the rent out of her checking account. I don’t know if she is pay all of the rent, half of the rent or what. I just know that she cuts the rent check. Around middle of Sept. they break up and the girlfriend takes off to visit her dad and family out west. She leaves ALL of her belongings including her newer Jeep. She says she will be back at end of Sept. She came back around Sept. 24th, stayed for a week in the house with the ex-boyfriend. They paid the rent Oct. 1st and she took off again right after the first. Here it is now Oct. 18th and the ex-boyfriend who is the only person on the lease, says that he is fed up with the ex-girlfriend and he is leaving at the end of the month and that he will not be paying Nov. rent. He says the ex-girlfriend will be back on Oct. 29th to collect her belongings. He says they are done as a couple and that they will be out by the first and will not be paying rent next month and that my buddy can find a new renter starting Nov. 1st.
Issues:
1) The ex-girlfriend cannot be contacted. My buddy doesn’t have her number and the ex-boyfriend will not give her number to my buddy. I’m not sure if she really knows that he is walking away from the house. She obviously is a resident at the house, she has her belongings there , she has made all of the rent payments from her account, etc.. If she doesn’t know that the ex is walking away I feel that my buddy can’t legally rent the house out starting Nov. 1st if the ex-girlfriend puts up a stink. I think she would have to be evicted which obviously will take time because they technically are not late or behind on payments yet. So I think she could tell my buddy to pound sand and force him to go through the eviction process. I know she will not want to stay there long term but I doubt she will be ready right away to move. I assume she might have to be evicted.
2) Is there anything that my buddy can get the guy to sign that gives up his right to rent the home as of Nov 1st. Because I can see this guy leaving by Nov 1st, My buddy will rent out the house and then the guy/girl can come back at the end of the month and expect to be able to get into the house because he technically would be less than one month late on the rent and has not been evicted.
3) I assume my buddy should start the notices/eviction process as soon as the Nov 1st rent isn't paid just to cover his ass.
What advise do you have?
