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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 29068
Experience:  Attorney
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We rent out a house in Upper Black Eddy. We just signed a

Customer Question

We rent out a house in Upper Black Eddy. We just signed a new 2-year lease last week A woman and her boyfriend, both 50 + y.o. with jobs. Yesterday man called and said he was not moving in. Woman had spent his savings and left him with $18,000 debt on credit card. We must go away in Feb. House Must be Rented! What can we do. We both
over 70 and live off of Soc.Sec.& can't have house empty in cold 'til May. Please give us advice.
May.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You're allowed to rely upon his statement that he's not going to move in and start looking for another renter. I realize that it might be difficult to find someone this time of year, but you're required to make reasonable efforts by advertising the place for a similar price. If you're not able to find a new tenant by the time you go away, then you can sue the original tenant for the money you'd have received if they had moved in like they were supposed to.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
The woman and her son are currently painting the rooms and intend to move in. She is extremely unreliable and her son is not on the lease. (We are told he just got a job.)
PS. Thanks for removing the gibberish from your reply.
Customer: replied 1 year ago.
Can we advertise to rent it again? We need to rent it right away we will be leaving the state soon.
Customer: replied 1 year ago.
Unfortunately the tenants both signed the lease and paid the first months rent and the security deposit. Is there anything we can do. I was going to draw a new lease with the woman and her son as tenants. However there is a likelihood they can not afford it.
Expert:  Lucy, Esq. replied 1 year ago.

You can actually refuse to allow her son to live there unless he signed the lease (assuming he's over 18, and it sounds like he is). You're allowed to do a credit check for him, too, and decide on your own whether you want to live there. And you can't be made to sign a new lease with the woman and her son if you don't want to (especially if they don't qualify).

At the same time, you can also hold the boyfriend responsible for his promise to pay the lease, if the other tenants are still moving in. He signed the lease, he has to make sure the rent is paid. So that's another possibility.

The only way you'd be able to re-rent the place is if the woman and her son are not moving in. You can let them know that you agreed to rent the place to BOTH tenants, and you're not going to rent the place to her alone because she doesn't qualify, unless she can give you some evidence that she has the money.

Customer: replied 1 year ago.
The woman is obviously a liar and a thief, according to her ex-boyfriend. She comes and goes as she pleases at her supermarket cashier job. My husband won't even do a credit check. He says, "They paid the first month's rent. There is nothing I can do." He lack of
ambition is costing me money. Help
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry, but if your husband is not going to help you, there's really nothing I can tell you, other than to do the credit check on your own. As long as the two of you own the house together, you have to work together to make decisions. You can't make him break the lease with her, even if you have reason to believe she won't pay the rent.

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