Is your reluctant tenant on hook for an entire year's worth of monthly lease payments?

It brings a tear to eye of we hard boiled landlords... but he probably is not obligated to pay rent for entire year.

Courts have ruled that landlord has to make a good-faith effort to find a new tenant for unit as soon as possible.

As soon as one is found original crybaby is released from contract.

The cost of renting to new tenant can be deducted from security deposit you collected from Mr. Crybaby. That includes advertising and a copy of The Grinch Who Stole Christmas you give him as a go-away gift.

Here's good news. If you have in your lease a "non-waiver" provision it indicates that even if you allowed lease violations in past you can at any time demand that tenants comply with terms of lease.

If tenants continue to pay with two separate checks you can return checks and give "notice for failure to pay rent".

If they then fail to provide you with a single check for full amount of rent you can file a forcible detainer action (eviction).

What if tenant #1 pleads that tenant #2 has moved from property and tenant #1 should only be required to pay their own half of rent?

Show them "joint and several" in your lease agreement and explain that tenant #1 is now responsible for entire amount of rent.

Explain that tenant #1 must pay full amount and then can seek recovery of one half from tenant #2 in small claims court.

If you rent property to more than one tenant be sure your lease has "joint and several" and "non-waiver" clauses.

Carefully explain each to every new tenant.