Joint Tenants - Husband and Wife are Separating - What to do?

Question

I received a call this afternoon from one of our tenants.  She advised she wants her ex-husband (joint tenant on lease) out of the house.  She stated he does not pay for anything (lease or utilities) and supposedly the police were called to the house earlier today for some sort of domestic disturbance.  She claims an assault took place, but law enforcement did not pursue any charges and no protective order was issued.  She wants him off the lease and out of house.  I do believe that she is the one paying the rent and I would be fine with keeping just her on the lease...that being said what are my options to get him out of the house?  Obviously my first step is to ask him to sign a lease addendum removing him from the lease and all obligations...but what if he doesn't cooperate?  Thanks in advance for your time and insight.

Sergey A. Petrov · Answer

You are not a party to their domestic issues. If the husband requests to be removed and the wife wants to stay, she needs to be re-qualified followed by a new lease. Until then, they are both your tenants and need to be treated equally. I’d stay away from crossing the line of being the landlord to being their marriage counselor

Michele Fischer · Answer

Agree with others that this is not your issue to work, it is theirs.  Make them do the work.

Also agree that if you take him off the lease you have one less person to try to recover damages or rent from.  If you proceed you should do a maintenance inspection to ensure that there isn't a lot of damage so far.

We have this clause in our rental agreement and spend time discussing it with them at signing.  We choose the strongest applicant of the two to be primary.

In the event that Tenants decide they no longer want to live together, ___________  will be considered the primary Tenant to make decisions about modifying or terminating tenancy.  Deposits will not be returned (full or partial) until all tenants move out.

Colleen F. · Answer

@Collin Wilson some states allow/require a release from a lease in the case of domestic abuse. I had this happen once with roommates. However if there is not a restraining order (and it would have to be a restraining order of him against her to release him from the lease) I believe she has to ask him to remove himself.  Sounds like there is no restraining order. She could try to get one then you check your states laws.    It might be in your best interest to let them both go if this can't be settled amicably

Scott Mac · Answer

Since you have a lease with both responsible, why let one off over the other.

Some renters "Duke it out" all the time, and then get back together when the alcohol wears off.

Follow your contract, does it allow you to "Boot" one signer when another asks you too?

Getting involved in a renters personal squabble is like being sucked down a drain--avoid it.

Follow you local laws regarding this (if any).

If it were mine, I'd say you're both on the hook for the rent until the contract expires, the contract does no allow me to "boot" someone due to another renter stopping liking him.

If you get some kind of court order regarding this, comply with it.

Or if you local laws call for a different way of handling it, comply with your local laws.

But getting involved with renters personal squabbles is bad news.

Good Luck!

Terrell Garren · Answer

Maybe 8 years ago, LE called me from a property with a husband wife dispute.  She wanted him out, he did not want to leave. LE ask how I wanted to handle it.  Not my cup of tea. My lesson learned - I only get one name on rental agreements now.  And I only use M2M agreements.

Chris Seveney · Answer

@Collin Wilson

As mentioned below you need to make sure one qualifies but you also need to be careful that you cannot evict him because she wants him out. You can offer to remove him from the lease if he agrees but you cannot remove him without his permission. If he refuses then I would recommend releasing both from the lease and let them go on their separate ways

Theresa Harris · Answer

She should be able to get a restraining order. You can then ask him if he wants out of the lease and keep her on it if she meets your screening criteria.  Otherwise offer to let them both out of the lease.

Joint Tenants - Husband and Wife are Separating - What to do?

Most Popular Reply