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How to handle divorcing tenants
by Kelly (CA)
on October 24, 2014 @21:12
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I have tenants who are starting divorce proceedings after 5 years in my California rental. The husband always paid the rent from his company and I assume also paid the security deposit since the wife doesn't work. He wants to stay on with their daughter. The mom is living with another man now. She emailed me a letter saying she was vacating. As it happens, I need to raise the rent anyway, so I am thinking of drawing up a new lease for just him. Since he will still be living there, I won't have an opportunity to do a normal move out inspection and the time afterwards to make sure no surprise damages exist. How should I handle the situation as far as the security deposit goes? If he paid it originally can it just carry forward? Do I need to draw up a paper for the wife to sign? And as far as "move in" condition goes, would the original one just carry forward legally too? Any other wisdom you have is appreciated as well!
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Re: How to handle divorcing tenants
by Bill
on October 24, 2014 @22:49
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Women are deceitful, you can never trust them, the damn tramp probably destroyed the rental, and she'll go back to him whining and crying but she won't be on the lease and she smokes dope and has a cell phone, damn lazy trollop.
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Re: How to handle divorcing tenants
by Anonymous
on October 25, 2014 @00:24
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http://family-law.lawyers.com/divorce/apartment-or-house-lease-in-divorce-and-property-division.html
Apartment or House Lease in Divorce and Property Division
POSTED IN Divorce BY Lawyers.comsm
A major issue in most divorces is dividing your property, and making long-term plans for your living arrangements. The range of dividing property may be broader than you think. Property includes tangible items, such as a house, car or furniture, and legal rights, such as the lease for your rented home.
Find out the possible effects of your divorce on your current lease, and your future rental plans. You may also have to address lease rights in your divorce documents.
Your Lease as Marital Property
Another name for the home you share with your spouse or family is the marital home or residence. Homes come in many forms and include single-family houses, attached homes, apartments, boats, trailers or mobile homes.
It's likely that you rent or lease that home if you don't own it. Your rights in a rental property are called a leasehold. When spouses acquire a leasehold during marriage, it's marital property and it can be included in the property division in a divorce.
State laws govern real and personal property, and your divorce lawyer can determine whether or not there are any special issues to deal with in your case. For example, some states give a tenant the right to end a lease when domestic violence and safety are issues. Some states also have specific laws for boat and mobile home leases.
While less common, also note that property division issues exist if your marital property includes commercial leaseholds. For example, you and your spouse may have investments or business ventures including commercial leases.
Your Divorce, Your Landlord and Lease Details
A basic question is whether or not you need to address your lease in your divorce. The answer may be no. Many residential leases are for a year or less, so there's a good chance your lease will end before your divorce is final. You'll be free to make new plans to lease or buy your next home on your own.
Your property settlement or the court can also address lease rights to your home. The court or your settlement could grant either you or your spouse temporary or exclusive rights to your rental home. Here are some issues to think about related to your leased property:
You and your spouse should sign an agreement assigning or transferring from one spouse to the other all rights as lessee under the lease
Confirm that the spouse staying in possession of the rental must assume all responsibilities, such as paying rent and utilities
If your landlord won't let the spouse moving out to remove his or her name from the lease, consider including a ''hold-harmless'' clause in the agreement indemnifying the out-spouse from liability
The spouse keeping the rental should be required to make every effort to remove the other spouse from the lease as soon as possible
Include a term that occupancy rights end when certain events take place, such as the occupying spouse's cohabitation or remarriage
Address lease rights such as options to purchase, and how refunds of security and cleaning deposits will be handled
Find out if lease changes would have any effect on rent control protection
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