Real Estate Law
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Hello: This is Attorney Phillips. Welcome to Justanswer! I am preparing my response to your post, and I will post my response very shortly. Thank you for your patience.
Hi, One of my tenants moved out, gave back their key and gave me written notice they are breaking the lease. Can I evict the other for the one officially breaking the lease?
Response 1: No, you cannot. The other Tenant is now responsible for the whole rent. If the rent is not paid, then you can evict the remaining Tenant for nonpayment.
I live in Oregon. They are co-tenants on the lease. I accept one rent check from them. However, Joint and several liability is not specifically written in the lease.
Response 2: It does not have to be stated. Both of them are severally and jointly liable for the lease.
Do I have to allow them to let another person apply and move in?
Response 3: Yes, you do.
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By my saying that you have to allow it, it does not mean you do not have any right to object if the replacement Tenant is not acceptable to you. However, eventhough your consent is required, your consent cannot be unreasonably withheld.
If the remaining Tenant does not want to move, you cannot force the Tenant out. However, the Tenant is liable for the whole rent. If the Tenant does not pay, you can evict the Tenant for non-payment.
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