Dallas-Fort Worth Real Estate Investor Club

Question about changing lease with two roommates

  • 29 Mar 2019 9:48 AM
    Message # 7250721

    I currently have a leased house with two people on the lease. One roommate has claimed she kicked the other one out after he became violent. She now wants to sign a new lease excluding the other roommate. I have not talked to the other roommate and he has not tried to get back in the house.

    What is my legal obligation. Can I keep his half of the deposit and sign a new lease with the current renter and collect another deposit from a new roommate?

  • 31 Mar 2019 12:04 PM
    Reply # 7253380 on 7250721

    All of the possible answers began with you lease and how tenancy is defined.  You should contact an attorney familiar with property code for guidance  

    Generally if both parties are on the lease as financially responsible parties one of the parties cannot be removed from the  lease unless all parties agree.  Otherwise a single party or both parties would have to be evicted for a lease violation.  Which can be pretty tricky unless it’s non-payment of rent.

    If all parties agree to terminate the existing lease I believe you would need to do a walk through and could charge for typical security deposit deductions and would need to refund the rest to both parties   Then create a new lease with new deposit  

    I’d be interested to hear what other landlords thing about this. Also, Stick Dissosway has a landlord mastermind on Meetup and you could also post there to get advice  


  • 01 Apr 2019 10:00 AM
    Reply # 7254849 on 7250721

    Unless you can get the party who has "left" to sign something stating they have abandoned the property, you will need to evict them but you can only do that if they have somehow violated the terms of the lease. If there has been a true domestic violence issue, you may be able to have that party removed. I would suggest that you seek legal counsel. My partner, Greg Meyer handles evictions and you can reach him gmeyer@thelawfirmmc.com

  • 15 Apr 2019 8:04 PM
    Reply # 7284277 on 7250721
    S J
    There is a TAR form called "LEASEAMENDMENTCONCERNINGTENANTCHANGE", if both tenant agree. Else you may need to seek legal counsel like Milt suggested.
  • 16 Apr 2019 12:36 PM
    Reply # 7285403 on 7250721

    Thanks for your help.

    The one leaving has agreed to sign and the other one has found a new roommate that qualifies.


  • 19 Apr 2019 11:18 AM
    Reply # 7294518 on 7250721
    S J

    Write lease under primary roommate and keep the rest as the occupants if possible So you can avoid these issues up to an extent.

  • 19 Apr 2019 4:05 PM
    Reply # 7294873 on 7250721

    Yes, it's been my experience as well, that when you have to evict, you will have to evict each person on the lease at an additional expense. 

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