Roommate vs Tenant Agreement

I'm a landlord with a signed lease agreement naming two people as tenants however, its only been 6 months into a 2 year lease agreement and one tenant wants a "roommate release" due to personal issues. Is there a difference between a roommate agreement and a regular lease agreement? And since this is not a "roommate agreenment" wouldn't this be considered an early termination of the lease agreement?

Thanks!

Your tenant wants to terminate early. This can only happen if a) you approve of it and b) if BOTH tenants agree to it. If one tenant does not agree, or if you don't think the remaining tenant can qualify on his own, then the tenant may not terminate early. He will remain responsible for the remaining period of the lease term (even if he chooses not to live there). He will not be released unless you all sign a written agreement to that effect.

It makes no difference what type of lease this is. Fact is, the tenants are both on the lease together and both are responsible for the terms of the lease. Perhaps you should make them aware of that information.

I have 2 tenants sharing my 2 bedroom condo. I have individual lease agreements with them as the moved in at different dates. Is it illegal to have 2 individual leases for each roommate?

I have 2 tenants sharing my 2 bedroom condo. I have individual lease agreements with them as the moved in at different dates. Is it illegal to have 2 individual leases for each roommate?

Thanks

No, it's not illegal. It's just not smart. If there are two different leases, one can terminate and the other can stay. The one who stays gets to continue to pay only his share of the rent. So you'll only be getting half the rent until you can get another tenant in there. Hopefully, the tenant will agree on a new roommate. If he doesn't agree and they have to share the condo, you're only going to get 1/2 the rent. Unless they have seperate locked areas they rent, the roommate will have to agree on the new tenant. Seperate leases are used in rooming situations where there are keyed locks on their own doors. With no bedroom door locks, how does he keep the roommate out of his stuff?

well one tenat who doesnt have a lock has not paid rent for over 2months so i've decided not to re-new her 6m lease which ends November. Other tenant has a lock to her room and wants to break her lease which ends May09. She has gone on to file a law suit stating it is illegal to have 2 different leases per roommate in one condo. I still have not head from her attorney, but i have searched online nonstop and do not see any ordinace confirming her statement.

By having seperate leases, you are renting rooms, not the entire condo. Is your condo zoned for roomers by the city or the COA? If not, that may be where the tenant gets the idea it is illegal. But actually, it's just a zoning violation, not a criminal act. Depending on the city or COA, the penalty may be only a small fine or an order to stop renting rooms.

If there is no ordinance or COA rule about rommers, you are free to do so. But in future leases I would make sure this is written clearly so they know they only rent the room and share the common spaces. Put key locks on each BD door to emphasize this.

Brilliant!! thank you sooooooo much for that info. Lesson learnt.