Skip to content
Two investors reviewing resources on a laptop

Get industry-leading resources — for free

Unlock resources for every investing strategy and stage with a free account.

By continuing, you agree to BiggerPockets LLC's Terms of Use and Privacy Policy

Followed Discussions Followed Categories Followed People Followed Locations
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback
Account Closed
  • Investor
  • Rogers, AR
27
Votes |
62
Posts

Domestic Violence and splitting the lease

Account Closed
  • Investor
  • Rogers, AR
Posted

Hello all,

I find myself this morning in a situation I'm not sure how to proceed. I have a boyfriend/girlfriend living in one of my units and both names appear on the 6 month lease. The Mr. was arrested over the weekend on a Domestic Violence and a possession of a controlled substance charge. She wants to stay in the unit, which I am perfectly fine with, but she would like for him to be off the lease so once he gets out of jail, he can't come back and demand entrance. And I agree that he needs to be off the lease. 

How do I go about getting him off the lease? Am I forced into evicting him? I'd rather not have to go through that arduous process, but at the same time, I need to protect her from anything else happening. 

I am in the state of Arkansas. Let me know your advice? Should I consult an attorney? 

Most Popular Reply

User Stats

4,461
Posts
6,351
Votes
Greg Scott
  • Rental Property Investor
  • SE Michigan
6,351
Votes |
4,461
Posts
Greg Scott
  • Rental Property Investor
  • SE Michigan
Replied

Yes, this is probably worth talking with an eviction attorney.

Just because he was arrested does not allow you to cancel his lease, which is effectively what you want to do.  You will need to have the lease contract invalidated, either through legal action, such as an eviction, or by voluntarily having him give up his lease through a mutual agreement.

  • Greg Scott
  • Loading replies...