Tenants – 3 roommates all on the lease. Personal issues between the roommates causing one to demand to be released with all security $ returned.

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Tenants – 3 roommates all on the lease. Personal issues between the roommates causing one to demand to be released with all security $ returned.

In November I rented out a house to 3 women who wanted to be roommates. All 3 signed one lease. I collected a security deposit and last month’s rent. Recently one of the roommates allowed her boyfriend to move in. The others complained. I sent a 30 day notice of lease violation to the one with the boyfriend. Less than 30 days has passed and one of them is now demanding out of the lease with all of her prepaid monies returned to her due to the “uninhabitable conditions” caused by the boyfriend and the fact that I haven’t “evicted” the boyfriend and girlfriend yet. Do I have options here?

Asked on July 6, 2009 under Real Estate Law, Delaware

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  You have options.  You can seek to solve all the problems by evicting the boyfriend and seeing that all the tenant make up and be friends again with the understanding that the boyfriend is not a tenant, but only a guest that may stay over only once a week at best. You can also allow one of the tenants to leave by making them pay you to get out as you have an enforceable contract (lease) that they cannot simply get out of.  I would try to get the one who wants to leave to pay you a compromised amount to get out.


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