Tenants divorcing and both want house!

[Allison Dorbad]

We have a single-family home that we leased to tenants in March. The wife called to say the husband had his girlfriend and her son move in while she was away and put her belongings in the garage for her to retrieve at her convenience. They both want to stay in the house but are in the beginning of a nasty divorce. She is advising us to get her husband and his girlfriend out of the house so she and her sister can move in. Rent is due next week. What can we do??? Husband is the one with the income but she was the responsible one.

[Jon Holdman]

Absolutely do not get into the middle of this. Now that you're aware other people are living in the house, I would post a "cure or quit" notice. I'm assuming your lease lists all adults living there and says there are to be no others. That includes both the husband's girlfriend and the wife's sister. Its certainly not your job to "get her husband and his girlfriend out of the house", but you are entitled to tell them, collectively, that new residents need to either leave or fill out an application. My lease includes an additional fee if other adults move in.

I do not think you want either of these people and their relatives and friends living in your house. But all you should really care about is collecting the rent. If some of them want to give notice, move out, and be off the lease, all of them need to move out. Then, which ever set wants to live there can apply, just like any other applicants.

Tell the wife the location of her belongings is between her and her husband and doesn't involve you.