if one party breaks lease and the other tenant is staying can the landlord evict remaining tenant?

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  • if one party breaks lease and the other tenant is staying can the landlord evict remaining tenant?


Answer #1 | 23/12 2013 06:00 long as rent is paid in full.
Positive: 81 %
Answer #2 | 23/12 2013 06:08
As long as rent is still being paid in full the landlord can not, as the remaining tenant has not done anything wrong.
Positive: 75 %
Answer #3 | 23/12 2013 06:09
Most leases are written so that the remaining tenant now has to pay entire rent by themselves. The lease could have all sorts of things written into it.
Positive: 55 %
Answer #4 | 23/12 2013 06:18
we need more data --leasee names, etc.
Positive: 23 %
Answer #5 | 23/12 2013 07:13
Not as long as the full rent is paid.
Positive: 10 %
Answer #6 | 23/12 2013 07:33
THe landlord can evict ANY or ALL tenants when the term of the lease don't say whether the lease is up or not. Generally a landlord can't evict a tenant until the lease expires, unless that tenant violated the lease in some fashion. Do keep in mind though that if one tenant leaves, the remaining tenant is now responsible for the entire amount of rent, and the landlord may not allow remaining tenant to bring in any additional tenants, so the burden of the whole rent may be on the remaining tenant.
Positive: 10 %
Answer #7 | 23/12 2013 08:00
As long as rent is satisfied, likely not. However, if the lease was broken because of a condition independent of the payment of rent (ie an unauthorized pet), then the eviction could stand for the unit in its entirety.
Positive: 10 %
Answer #8 | 23/12 2013 09:30
if the remaining tenant is able to pay the rent, no
Positive: 10 %
Answer #9 | 23/12 2013 12:55
The landlord can only evict both tenants if neither one is paying their rent. If one tenant breaks the lease, and the other is still paying rent, the tenant remaining can stay. However, then the remaining tenant is responsible for the entire monthly amount of rent. Therefore, if one breaks the lease and leaves - the other needs to find another tenant A.S.A.P. so he or she will NOT have to pay all them bills him or her self.
Positive: 10 %
Answer #10 | 23/12 2013 07:07
I don't understand your statement as one party breaking the lease. Even though this tenant might decide and actually leave the rental unit, this person is still liable for any rent or late payments due to the landlord and damages to the rental unit, after the lease is legally terminated. If there are legal matters that might arise through an eviction or suit in small claims court this person would still be legally liable as those that stayed. If there is negative that are derived from the rental unit, these would be a negatives on the party that decided to leave credit report. The ones that remain in the rental unit would be required to pay all the financial obligations of the rental unit that would include all rent or late fees. As long as the ones that decide to stay and the rent is paid on time, the personal problems and agreements as to the amount each party decide to pay is of no concern to the landlord. I hope this has not been of some benefit to you, good luck. "FIGHT ON"
Positive: 10 %
Answer #11 | 23/12 2013 16:00
This happened tome once. I stayed on. They had no reason to evict me since my name was on the lease and I was still paying. In fact it's expected that someone (you if you stayed) pay till the end of the lease. If the other person's name was on the lease and you got stuck paying both your part and theirs then you can sue them (the other party) for the balance part of the lease.
Positive: 10 %

Possible answer

Tenant Rights & Responsibilities. 2 ... If you break a lease, you can be sued in court for breach of ... either the landlord or tenant can end the ...
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Positive: 81 %
... if the last remaining tenant in a ... then breaks a lease, the concession payback can be charged in ... party and the other party ...
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Positive: 76 %
... evict a tenant who doesn't have a lease, ... landlord can or cannot raise a tenant's ... of the lease. Free letters from tenants to landlords may ...
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Positive: 62 %
... and usually even if all do sign the lease, the remaining tenant ... such as one year. But it also can be ... the landlord may evict the tenant ...
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Positive: 39 %

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