Divorce and Lease - Landlord Forum thread 220679

Divorce and Lease by Bill (AL) on April 3, 2011 @21:30

I am a landlord dealing with a divorce issue. There is still a year left on the lease and they are getting divorced. She is currently in the home, he has been out for some time...both their names are on the lease. She requested, and I agreed to let her (them) out of the lease early. I want to amend the lease (she already signed her portion of the lease amendment) to end when she moves out next month...he caught wind of this and wants to remain in the home after she moves out next month for the remainder of the lease. I no longer wish to rent the place and sell it. Question: Does the divorce make the current lease void, and am I legally covered to refuse him to remain in the home? I have tried to contact him and he will not respond to phone calls.

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Re: Divorce and Lease by Bunny *M*A*G*I*C* on April 3, 2011 @22:24

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I don't believe the marital status of a couple makes a lease void, but I could be mistaken.

I think you are comparing apples to oranges... the divorce of tenants versus your rental & legal obligations to said tenants and the wording of your lease agreement. I kinda think your lease is your lease regardless of the marital status of your tenants.

That being said, are you legally within your LL rights to permit one tenant to move out before the end of the lease, while permitting the other tenant to stay? If the other tenant (the husband) stays, will he be able to pay for the rent and utilities? ...and it begs the question of how will the SD be handled?

Are they separately and jointly responsible? Is this specifically stated in your lease agreement? The answer to those questions may well determine your legal responsibility.

Okay, that was just about two cents worth of my thinking. Hopefully a more "seasoned" LL will be able to clarify things for you and give you some answers.

Re: Divorce and Lease by Jake on April 3, 2011 @22:29	[ Reply ]

Sorry, you still have a lease for the duration.

Re: Divorce and Lease

Re: Divorce and Lease by ERIC on April 4, 2011 @08:20	[ Reply ]

If he was good to rent when you started, why is he not good now? The lease is still valid. Why would you still have a year left on the lease, was it a multiple year lease?

Re: Divorce and Lease by Dizzy (Wonderland) on April 4, 2011 @10:00	[ Reply ]

They got divorced, you didn't divorce either of them! You have a signed agreemtn with the T's, you can use your notice of quit or early termination only as long as it complies with the lease agreement (have you even read it?!!!)

Re: Divorce and Lease by Jake on April 4, 2011 @10:51	[ Reply ]

It was a mistake for you to assume the role of referee in a married couple's problems. Now you have let one off the hook and only have the husband financially responsible for the lease. Next, he will bring in his girlfriend and you will have an unauthorized tenant who is not on the lease and not financially responsible for the lease, damages or cleaning expenses when you finally get rid of them.

Re: Divorce and Lease