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What objections does the first leasee have to the fiance moving in? Overcrowding? Will the rent still be split between the two original leasees and not the fiancee also?
I also want to let you know that if there seems to be a delay in my responses it does not mean that I have forgotten you or I have gone offline -- it means that I may be helping another customer for a minute or two -- but I am never more that a few minutes out from answering you or responding to your latest response
So I thank you for your patience.....
Okay -- well, those are valid concerns from the second leasee. First, I just want to address the question of whether or not any of this is "illegal" under Kansas law -- there are no specific laws or statutes that govern this type of event in Kansas landlord tenant or real estate law (in fact, there are no such specific laws in any state). I want to make that perfectly clear from the outset because I have this habit of jumping right into the answer for the customer and when the legal basis for my answers is case law or principles of contract law or principles of real property law (etc) -- the law is not so black and white when you are not dealing with a clear cut statute and while I wish that every legal question I answer could be answered with a black and white "let me point out the exact statute" answer for you -- the fact of the matter is that the majority of legal questions cannot be answered by direct reference to a statute written right in the landlord tenant handbook in Kansas (or any other state for that matter).
So, there is nothing Illegal about this situation in Kansas and any decision that you make will have repercussions and would be decided by a court using contract law (obviously because your leases are contracts).
That being said, you can permit the fiancee to move into the house without any criminal actions against you and the other leassee will be fine there also. Where you may not be so fine is that if the first leasee decides that they really do not want to live with this situation, the first leasee can claim that you are breaching the lease agreement that he has with you (because no where in the lease does it state that you reserve the right to move another tenant into the property. correct?)
If the first leasee decides to pursue this matter in civil court against you, the court will most likely side with the first leasee and permit the first leasee to cancel the lease and move out and you may be ordered to pay moving costs for the first leasee
You have every right to make this happen and to tell the first leasee that "it is what it is" because it is your property. However, the first leasee will be able to sue you for breach of contract (the lease agreement being your contract with him) and will most likely be permitted to move out of the place early without any penalties (which is problematic if the lease was supposed to run through a specific future date) AND the first leasee could also ask the court for reimbursement of moving costs because he will argue that he did not intend to leave the house that soon but was forced to do so by the disruption caused by more people
You are perfectly free to reach a settlement with the first leasee also -- if he is willing to take a small lump sum of money from you to either stay or to move out and agree not to sue you for breach of contract - you can make it work that way also.
ANd ask the first leasee to either pay for the settlement money for him to leave or chip in towards the settlement money to get him to leave.
Finally, you can wait until the lease is completely ended by its terms and then simply not renew the lease for the first leasee
At the end of the lease term you can ask the tenant to leave for any reason or no reason -- there are no laws that state that you must renew a lease agreement with even the best of tenants if you choose not to do so.
I hope that all of this helps you to sort out what you will do and how to approach the situation. As I said, I do believe that a small claims judge would award the first leasee some type of damages for the breach of contract claims against you if you proceed to simply move the fiancee in on top of them all (or you agree to let it happen).
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