Tenants getting divorced. Contacted by husband about lease
Short and sweet: These tenants were approved for our rental based on the husband's income. The wife did not work at the time, possibly still doesn't. I was contacted by the husband today asking me if it would be possible to remove him from the lease and leave his wife on it. Unless she now has a job, I don't see how she could possibly pay for our house. We are going to the property on Monday for an inspection so we can talk to the wife then, but what should we do in this situation? If she has the income, do we terminate the old lease and write a new one? This would give us a chance to bump the rent $100 or more. Or do we force him to stay on it because he did sign it, after all?
I would not release the husband. Simply state that you cannot alter the lease until the renewal period and he is responsible as much as she is. At that time, you would requalify the situation. If she doesn't make the payment, post a 3 day and begin the eviction process under both names. They are equally responsible for the lease.
What does your current lease say about premature terminations?
Usually, there is a clause for early terminations in that the security deposit is at risk or a need to have them pay x-months until rented.
If she passes your criteria with income and other tenant screenings that you do then why not terminate the current with him and her and then do one for her.
Who ever is on the lease must qualify based on your normal screening / income procedures. This eliminates any discrimination.