Tenants divorcing, both want to stay, how to best handle?

Question

We have long term tenants (13+ years) who are getting divorced and both want to stay in our rental. They are on month to month and have been for quite some time. We want him to stay (she is difficult and has a history of being untruthful from time to time) but we're not sure exactly how to approach this. Tell her we are giving her 30 day notice and signing a new lease with just him? Give them both 30 day notice then rerent to him once she moves out? She thought she was just going to tell him he had to leave and move in her mom and new boyfriend......but that's not happening.

This will be a high drama situation no doubt and a major headache regardless of what we do, just want to try to make it as quick as possible. Anyone dealt with a similar situation?

Shaun Patterson · Answer

Stay out of it all together. Its their drama. Your focus is if they are still paying the rent since they are both on the lease. If they decide to cancel the lease then you have to go through the screening process on both NEW tenants and verify who is the best applicant at that point in time. you picking sides is just going to make it worse. The screening process will tell you who is a better tenant. Can the husband cover the rent 3x by himself? If not start advertising the property now just incase. What if they decide to get back together after 30 days? Now you have a awkward situation because you picked a side.

Nathan Gesner · Answer

They have a civil dispute that you don't need to be involved in. Assuming the husband is a good guy, you still want to get rid of them both. If you force her out and let him stay, she may decide to damage the place on the way out the door. Or maybe she keeps a key and comes back later. Or maybe she tries getting back together with him.

There are too many ways for this to go wrong. Give them both notice and terminate.

I suspect your rental is well below market rate. Am I wrong?

There are too many ways for this to go wrong. Give them both notice and terminate.

I suspect your rental is well below market rate. Am I wrong?

Matthew Olszak · Answer

Tracy D. Its MTM, so you could end their lease and re-lease to just one party. But realize that there could still be a good chance of them reconciling even if the legal divorce happens and you having both parties again on the property. So if you don't want the wife, don't re-rent to the husband.

If you are OK with both but would like to keep the husband and are willing to assume the risk, you'll have to give them notice that you won't renew next month (or however long for your local laws), then treat each party that expresses interest (like the husband) as a new applicant.

And certainly as others have said, don't get involved in the divorce details. Just process them as any other applicant after the notice to terminate is issued.

Lastly - consider if one party may potentially owe child support or alimony to the other. That would reduce their income for qualification purposes, so I'd definitely keep it on a MTM basis if you re-rent to the husband.

Tenants divorcing, both want to stay, how to best handle?

Tenants divorcing, both want to stay, how to best handle?

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