Legal Q&A: Amending and Terminating a Lease, Background Checks and More

by TSSA Legal Counsel

Amending a Lease

Question: What is the best way to take one tenant off a lease and put a new one on the same lease? I have many situations where boyfriend moves away and girlfriend wants to take over the lease, etc. I want to be accommodating but want to make sure the lease is legally amended so I can hold someone responsible for the rent. Do the old and new tenants have to be there at the same time to sign something?

Answer: It is easier, but not necessary, for the old tenant and the new tenant to be there at the same time. What is necessary is for all three parties to sign off, literally, on any lease changes. If you can get all parties in the room at once, your best options are either to amend the original lease, or sign a new lease:

Amending the Original Lease

Steps: Have the new tenant fill out a Tenant Information Sheet. Cross out the tenant’s name and all other information (address, SSN, emergency contact, etc.) in paragraph 1; fill in the new tenant’s name in paragraph 1; fill in the new tenant’s information (address, SSN, emergency contact, etc.) and then have everyone (old tenant, new tenant, and you) initial and date the changes to paragraph 1. Cross out the tenant’s signature at the bottom of page one, and cross out all of the other tenant-specific information (driver’s license number, email, etc.); fill in the new tenant’s information and have the new tenant sign. Again, all three of you initial and date these changes. Keep the original lease you just amended and provide the old and new tenant with a copy showing the changes made.

Signing a new Lease

Steps: Have the new tenant fill out a Tenant Information Sheet, and then have the new tenant sign a completely new lease. Have the old tenant give you written notice that he is terminating his lease. The notice from the tenant might look like, “[date] Dear ***, please accept this as notice of termination of my lease for unit ***. We have mutually agreed that my friend *** will take over the space and is signing a new lease [signature].” Provide the old tenant written confirmation of his notice of termination. Your reply to his termination could look something like: “[date] Dear *** We received your notice of termination and approve it. **** has signed a new lease and is now the tenant responsible under the lease. [your signature].” Keep a copy of all correspondence.

If you cannot get the old tenant and new tenant in the same room, I would suggest signing an entirely new lease. Here are the suggested steps: Have the current tenant provide a written notice of lease termination. The notice should make clear that the termination is only effective once the new tenant signs a new lease. The termination could state something along the lines of: “Please consider this notice of termination of my lease for unit ****. Per our agreement, I understand that this notice will only become effective upon *** [girlfriend/ new tenant’s name] signing a new lease for my space. Upon *** signing a new lease for my unit, I abandon all contents in the unit to ***.” Have the new tenant fill out a Tenant Information Sheet. Have the new tenant sign a new lease for the same unit. If the new tenant signs a new lease before the old tenant provides notice of termination of his lease, in paragraph 6 of the new tenant’s lease ( the “special provisions” paragraph), type “This lease is intended to replace the lease between the storage facility and *** [insert boyfriend/former tenant’s] name. This lease will only become effective upon***’s termination of such lease.” Keep a copy of all correspondence.

Termination of Lease

Question: I occasionally have tenants I want to get rid of “yesterday.” Tenants who are sleeping in a unit, have broken into other units (caught on camera!), are verbally abusive to staff, etc. What is the fastest way I can get them out? What steps should I take? Any other tools I can use in the interim before I can have them permanently removed?

Answer: The answer will depend on whether the tenants have breached the lease. If they have breached the lease, three- days-notice to vacate is required. If they have not breached the lease, 15-days-notice is required.

No breach of lease, but I want my tenants out ASAP.  For example, it is not a breach of the lease to yell at facility staff. But, needless to say, a tenant that excitable may not be someone you want to have around. In this case, here are the general steps: Provide the tenant 15-days-notice of lease termination, under TSSA lease paragraph 9. You may use TSSA Appendix CD form E-1 for this notice. If the tenant is not out by the 15th day, give the tenant three-days-notice to vacate (required under the eviction statutes). You may use TSSA Appendix CD form E-4 (Notice to vacate Storage Space for Holding Over) for this notice. If the tenant is not out by the end of that three-day period, file an eviction petition at the Justice (aka JP) Court that has jurisdiction over your area. If you don’t know which Justice Court to file in, call a Justice Court and give them your facility address; the clerk can tell you which court has jurisdiction. You may use TSSA Appendix CD form E-5 (Eviction Petition).

The tenant breached the lease and I want him out ASAP.  For example, the TSSA lease prohibits sleeping in units (paragraph 36[c]); it prohibits violating criminal laws (paragraph 23[5]). In this case, you do not need to give 15-day notice of lease termination. The general steps would be: Provide the tenant three-days- notice to vacate. You may use TSSA Appendix CD form E-3 (Notice to vacate for Non-Rent Breach of Rental Agreement) for this notice. If the tenant is not out by the end of that three-day period, file an eviction petition at the Justice (aka JP) Court that has jurisdiction over your area. You may use TSSA Appendix CD form E-5 (Eviction Petition). violating any provision of this agreement until such violation ceases and over-lock charges are paid.” For example, in the case of a tenant sleeping in the unit, make sure he is not in the unit and then over-lock his unit and code him out if you have an access gate. When he comes to see what is going on, inform him of his breach, and inform him he owes you the over- lock charge. If he pays the charge, re- move the over-lock, but if he is caught sleeping in the unit again, repeat this process. You can tell him that this will be the drill until a court evicts him, and it would make both of your lives easier if he would move out voluntarily.

Background Checks

Question: We recently found out, the hard way, that we rented to a con artist. She started out sweet as pie, and then soon accused us of not crediting her cash payments, of shaking her down for money—the list goes on and on. She is truly a con artist, something we learned when the lawyer we hired to defend the (frivolous, as the judge stated when he threw it out of court) case she filed against us did a background check on her. anything we can do quickly at the beginning of the leasing process to try and screen out really bad seeds?

Answer: You can perform a background or credit check on tenants, but most facilities do not. In the bigger counties especially, there are some free and quick things you can do to lessen the chance of leasing to a con artist. Copy their driver’s license for the file and make sure it is a current license. Require the tenant to fill out a Tenant Information Sheet, and make sure the tenant gives you a residence address (not just a mailing address, a mailing address might only be a PO Box). A residence address is required on the Tenant Information Sheet, but you should look over the sheet to make sure the tenant has filled it out completely. Look up the claimed residential address on your county tax appraisal district’s website. This will show you who owns the property and will also give you a map. Make sure the address is not a post office, or a random commercial building. In an Internet search, type in their name. You can even type in their name and mug shot, such as “John Smith mug shot Texas.” There are many websites that upload public record mug shots—you never know what you will find on the Internet!

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