Two tenants on a lease one moves out, who stays with deposit? Because of the lack of specific wording about cases of joint tenancy, navigating this area of landlord/tenant law can involve a lot of negotiation, and outcomes often vary greatly on a case-by-case basis, Majid said. . A lease is a contract. 1. Generally, the remaining tenant will be liable for the rent that is due on the lease. A landlord’s acceptance of a Section 8 subsidy is one such term which must be con-tinued on a renewal lease. Issuing one security deposit refund limits your involvement in tenant disputes about who caused property damage. For example, if the lease is for 12 months and the other tenant moves out three months in, the remaining tenant will be required to pay for the remaining nine months. Apr 9th, 2019 2:23 pm. That tenant turns over the apt to the property manager without the other tenant signing off on the turn back. 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. She has been writing professionally since 2009. When one person leaves a rental unit midway through the lease, it can put the other people on the lease in a bind. “It might feel like an informal situation, but at the end of the day, if you’re signing a contract with a landlord, you have made an agreement with them and now you’re responsible for that agreement.”. It can be tricky to get your name removed from a joint lease. Joint liability means that all roommates are held equally responsible for lease terms- if one tenant violates a lease, all tenants on the lease are equally liable. The apt was under both our names. Two, Two, Two Polls in One… To order I recently moved in to a one year rental with my boyfriend (June , 2013). Since you are still residing in the apartment, then no the lease isn't broken. Do you have questions about renting in Toronto that you want us to answer? If only one person is listed as a tenant, there is only one lease and all other persons who can be mentioned on the lease are considered authorized occupants. Toronto Star articles, please go to: www.TorontoStarReprints.com, With files from Emma Sandri, Ilya Bañares, Raneem Alozzi and Sherina Harris, Conversations are opinions of our readers and are subject to the, The Toronto Star and thestar.com, each property of Toronto Star If one tenant moves out, some landlords and property managers let the remaining tenant out of the lease. Is that considered breaking the lease? “Landlords (are) far better off saying, ‘Hey, you got a roommate. And I just wanted to know before I tell the leasing office to take her name off the lease. I have 2 joint tenants, a couple, they have split up and one has moved out. Star Newspapers Limited and/or its licensors. If there are two tenants and a lease is comes to an end and one tenant wants to leave and the other tenant doesn’t, are - Answered by a verified Lawyer. Since you can be equally liable for the conduct of other tenants in the unit, you can be subject to an eviction order. Newspapers Limited, One Yonge Street, 4th floor, Toronto, ON, M5E 1E6. If two people sign a lease for a rental property and one moves out before lease is over is mover still responsible for lease? There are 5 months remaining on the lease. Tenant advocates want the right for one tenant to leave (and be removed from the lease) and the other tenant to remain on the lease. Remember, if the landlord gives you a notice with a “termination date” of “do this or the tenancy ends” you can just….don’t do what they say…and break the lease! For example: Housemate A punches a hole in … The lease is about to expire and they are getting a divorce. He's moving out but she would like to stay. 10 Answers. When your tenant breaks a lease by leaving the rental property before the term expires, you have the right to collect the money you are owed. For example, if a renter signed a one-year lease but wants to vacate in month eight, this would be considered breaking the lease. One lease with the primary tenant taking responsibility; A separate lease for each individual tenant; Landlords: Do you know the best way to set up a lease with multiple tenants? She also has degrees in economics and business and teaching. As part of a new series, the Star is answering common questions from tenants. Kemp acquired her JD from the University of Arkansas School of Law. in Finance. draw on JAN3,2020 +2. Harry Fine, a paralegal and former adjudicator on the Landlord and Tenant Board (LTB), said if a tenant leaves, a landlord has no obligation to take them off the lease. Messages: 2 Likes Received: 0 Trophy Points: 0. Just like if one co-tenant leaves, the other co-tenant is still responsible for the rent. That means if the remaining tenant defaults on rent, then the landlord can go after the person whose name is still on the lease for money. Breaking the lease might result in the loss of a security deposit. One situation I recently had was three roommates that two had voted one of them off the island. Check your state laws. The female has moved out … If the lease agreement is a month-to-month lease that allows for tenants to give 30 days’ notice to quit to property, however, this should not be considered breaking the lease. We then split up and now she is asking for her deposit back. Harry Fine, a paralegal and former adjudicator on the Landlord and Tenant Board (LTB), said if a tenant leaves, a landlord has no obligation to take them off the lease. They have the right of renewal so I LL can't (legally) refuse to renew the lease. Anyone can read Conversations, but to contribute, you should be registered Torstar account holder. 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