Split couple, only half rent paid.

[David Sutphin]

Looking for thoughts and suggestions on how to deal with this situation:

I leased a home to an engaged couple last spring. Both had good jobs and decent credit ratings. The woman has a young son from a previous marriage. Late last year they had some problems that resulted in the man having a restraining order placed against him with the net being the end of their relationship, and him finding another place to rent. The woman informed me of the restraining order and said that the man would still be paying his half of the obligation on the lease. (The lease ends May 31, 2009.)

For January, I received a check from the man’s bank (automatic bill pay) for the half the rent. I also received a check from the woman’s bank (automatic bill pay) for the other half of the rent. All seemed fine and in accordance with what the woman had said they would be handling this for the remainder of their lease.

For February, I gain received checks from each of their banks. But the man’s check was returned to me by my bank because the man’s bank put a stop payment on the check.

My first call to the man, he said it was certainly a mistake and that he would get back to me which he did not. My second call was not answered and the call was never returned. So for whatever reason, I’m sure the man is flaking on me.

Anyone here ever have a situation like this? Any suggestions on how to deal with this? Do I evict the woman because all of the rent wasn’t paid? Can I take just the man to court?? Do I take them both to court?

I’m really scratching my head on this one.

Thanks,
David