What do you think? - Landlord Forum thread 327723

What do you think? by Shaun (FL) on November 21, 2014 @13:53

Tenants for 3 years, older couple, empty nesters, married 20+ years. Keeping property--satisfactory. They have split-separated. Better way to describe it is he is not staying there. He does still have personal property at the rental property. I stayed out of it b/c the rent is being paid, usually before the 1st, always before the late charges kick in. Since they've been together so long, I figured they would/could patch things up.

Beginning of October wife contacted me all in a tizzy, have we seen husband at the property. Apparently, husband stopped by when she wasn't there and got some of his stuff. Her opinion is he can't come in b/c he doesn't pay the rent. I explain that his name is on the paperwork, legally he can enter in the eyes of the law. She wants his name off the lease...
I double checked, the initial lease had come to term.
So I spend hours, drawing up a new lease with all the attachments, with just her name. Sent the paperwork over. I DID NOT SIGN ANYTHING.

I have yet to get the paperwork back. I mentioned it when she paid the rent in Nov. Her response was she had been too busy (3 and half weeks).

My opinion is...
Without signatures on the New lease, the new lease is now null and void. The initial lease rolls into a M2M. Therefore, the initial lease would prevail.

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Re: What do you think? by Katiekate (New York) on November 21, 2014 @15:06	[ Reply ]

You are correct...but, there is more to it than that. You need to give him proper notice of the termination of the Month-to-month. Even though the lease expired, since they BOTH have been on a month-to-month since then, you need to give them notice of the termination. You need to inspect the property at the end of the joint lease..settle up the deposit..then start a new lease, new deposit, etc.

Re: What do you think? by Bill on November 21, 2014 @20:03	[ Reply ]

This type of situation comes up so often. The first thing you must remember is that you are not their caseworker or their mother. Let the lease keep going as month to month with the husbands name on it. Because as soon as he is no longer on the lease, guess what? He is back in the house. Now you have one on the lease and the other not. You can not keep a husband from living with his wife in your rental. Never give a tenant any hope that one can remove the other from the lease. A lease is a binding contract with financial obligations and consequences. It is more than a pinky swear.

Re: What do you think?

Re: What do you think? by MrDan (Georgia) on November 22, 2014 @22:16	[ Reply ]

"I have yet to get the paperwork back. I mentioned it when she paid the rent in Nov. Her response was she had been too busy (3 and half weeks)." Always put a time limit for acceptance of any offer to a tenant, to avoid waiting on a reply.

Re: What do you think?