Tenants split up 5 days into the lease!!!

So here's the story:

I signed up new tenants on the weekend and today I get a call from the 'hubby' saying that they have split up!

She's staying in the property and he wants his name out of the lease.

I haven't mailed them a copy of the signed lease, so I guess I could argue that they don't have a valid lease (kick them out and find new tenats). But then does that mean they are practically squatters?

The way I see it, I have 2 options:

1. If she's willing to move out, offer to let them 'break lease'
2. If not, just let her stay and wait for her to be late with rent payment and serve her a breach notice and go from there.

What would you do in this case?

Cheers,
dreamgirl
 
Agree with Ausprop. How does it benefit you to let him out of the lease? If he wasn't sure enough of the relationship to sign it, then he shouldn't have. Not your problem. Doesn't mean he has to live there. Doesn't mean she can't stay and pay the rent alone. Just means you have two people to go after if you need to.
 
If they'd moved in and YOUR situation had changed I bet he wouldn't have agreed to rip up the contract and move out to meet your needs!
 
I had a similar situation. She wanted to sign a new lease but the agent said you can't just scrap a lease.

But he was happy to stay on it until it ran out (as they had babies that he was helping support). When it ran out she signed the new one with just her name.

I'd ask if she has the capacity to pay on her own. If yes leave it. If not maybe offer to let her break lease (better than her getting behind and trying to get it out of her). Especially if she was the dumpee who may want to stick it to him by not paying.
 
We have a break lease situation right now, two months in, wanting to leave due to divorce. Didn't they know this was coming two months ago???

We've told them it will cost them one week's rent and any time it is empty before a new tenant moves in. They are allowing us entry to show prospective tenants through.

Neither want to say, so that is easier than if one wanted to stay. It changes the whole equation... one salary instead of two that they were approved for.

Perhaps tell the one staying that you will look at their application as a single, and if it stacks up, you would consider keeping them. Otherwise, it is up to them both to pay the rent and if it falls behind, get those forms in on time and keep on this.

I don't think you have the power to ask them to leave, and why should you when they've made the decision to change the rules you agreed to a week ago. I know they can request to break the lease and at least then any financial loss you suffer is theirs to pay (up to a certain point I suppose and you must advertise for the same rent amount).
 
Review the residential tenacy act first. I recall there being something in there about break down of relationships
 
Review the residential tenacy act first. I recall there being something in there about break down of relationships

For reference I searched through the WA one and found no references. I'd be curious if there was such a provision in the OP's state.
 
Just gone through this with one of my properties.

In NSW any tenant may break a fixed period of their lease with either a 6 week or 4 week period payment - nothing more.

Be aware that if a partner is claiming abuse or believes that they are in risk of their partner, this may be shortened.

As you are holding signed leases and one party wishes to remain, then I would hold steady and keep both parties. If something goes wrong, then you at least have two parties to follow through.

Make certain your agent has kept a copy of the guys licence details and other forms of identification just in case.
 
Normally it takes dual income to cover the rent. Even the one left may have sufficient income to cover on paper, be wary they're going thru emotional and critical part of their life, and they have the tendency to hit the pub and do things that will incur cleaning out their pay cheque...
 
We run into this situation often.

We tell them we will not remove the other from the lease.
We also inform them, if the partner calls and asks us to open the door for them, we are required to...unless they have a restraining order to show us.

It is of no benefit to us to remove anyone from a lease..it is just more people to chase thru the courts, if needed..and it usually is.
 
What's the rent vs. the wives income? Will there be further income to help support rental payments/living costs?

You could offer them to break lease, however you wouldn't be able to evict them unless they've breached the agreement (ie. rent arrears).

I've had one like this before, and you have to wonder how they don't know/think the relationship is coming to an end a week earlier. Oh well.
 
Thanks for your replies peeps!

So he told me that they've split up because he found out that she's been working in a brothel while he's at work! And that she's taken out an AVO against him so he's not allowed near the property.

I don't believe that she'll be able to afford the rent based on her income alone (Centrelink). Plus if what he's saying is true, I really don't want anyone running a brothel in my property!

So I've indicated to her that I'm happy to let them go, and she seemed relieved. Atm, I'm waiting for her to email her Vacate notice.

The way I see it, I'm better off without them. Just find a new tenant and start afresh.
 
Get them to sign the bond over to you as compensation to breaking the lease.

Tenants lie.
They will tell you any story, to get out of a lease.
 
Get them to sign the bond over to you as compensation to breaking the lease.

Tenants lie.
They will tell you any story, to get out of a lease.

Very poor advice. 100(1) of the NSW Residential Tenancies Act states:
(1) A tenant may give a termination notice for a fixed term agreement on any of the following grounds:
....
(d) that a co-tenant or occupant or former co-tenant or occupant is prohibited by a final apprehended violence order from having access to the residential premises.

If the OP follows their advice the tenant can go to the CTTT and get their bond back (provided everything else is fine)
 
Very poor advice. 100(1) of the NSW Residential Tenancies Act states:
(1) A tenant may give a termination notice for a fixed term agreement on any of the following grounds:
....
(d) that a co-tenant or occupant or former co-tenant or occupant is prohibited by a final apprehended violence order from having access to the residential premises.

If the OP follows their advice the tenant can go to the CTTT and get their bond back (provided everything else is fine)

Does it also state that any lease can be broken when agreed to by both parties?
That is why I said get them to sign it over.
 
Why should they sign over the bond when they can terminate the lease as per the act?

I realise not fair, blah blah blah, but that is what the legislation in NSW says.
 
So he told me that they've split up because he found out that she's been working in a brothel while he's at work! And that she's taken out an AVO against him so he's not allowed near the property.

I don't believe that she'll be able to afford the rent based on her income alone (Centrelink).

Surely she can afford it if she's working at a brothel? :p

Sounds like you've dodged a bullet as that's quite a messy situation, although unfortunate that you'll be out of pocket.
 
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