remove husband from lease - Landlord Forum thread 325827

remove husband from lease by Anonymous on October 17, 2014 @13:23

Hi folks, newly minted landlord here. Have one sfh. Tenant texted this morning about removing her husband from lease expiring Jan 1st due to divorce. Wife is qualified on her own based on earnings since hubby was unemployed all along.

She had already advised that she would renew so it will be no problem on the new lease, however she wants him off now.

I could not find info on this situation on CT.gov.
Any advise would be welcome.

Thank you

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Re: remove husband from lease by Bryan (Ia) on October 17, 2014 @13:33	[ Reply ]

Send her a notice of nonrenewal of the old lease in accordance with your state's laws. At the same time tell her that you will be happy to sign a new lease with her alone. both of you can even sign the lease in advance with a start date in the future. BUT, you must return the SD for the old lease via check made out to both of them and collect a new SD for the new lease (Unless the ex signs a a release of his interest in the current SD.

Re: remove husband from lease by Katiekate (New York) on October 17, 2014 @13:35	[ Reply ]

Get hubby to sign an agreement to be removed from the existing lease. Failing that, you have to keep the existing lease in place until it expires. He signed the lease...he must sign the release.

Re: remove husband from lease by Bill on October 17, 2014 @14:37	[ Reply ]

Tenants make this kind of request quite often. Your position should be that you are not a marriage counselor or their mother. Working out their marriage problems is strictly their problem...not yours. You can not simply erase the husband's name from the lease nor do you want to. He needs to remain financially responsible for the lease until it expires. Another thing, explain to your tenant that removing the husband from the lease does not guarantee that he will actually leave. Two weeks after you remove him they will decide they are still so madly in love and he will be back in the house (or he never leaves) but not on the lease. The tenant can bring him back anytime because "he is family." Affairs of the heart are so complicated. As long as they are married, both you and the wife are stuck with this guy. Again, you are not their case worker or their mother. It is not your problem. Just tell your tenant that you can not legally remove him as long as they are married and that is the truth. If the wife wants the husband out of the house and out of her live she will need to divorce and move away because even a divorce will not guarantee the husband will not be back.