Do what's in your own best interest. Not what someone else's lawyer says. Do it by the book. If your lease has 60 days notice for changes, then stick to that. Divorces are often bitter and spiteful. If you don't follow your lease, you're open to the wife filing a lawsuit against you. Your option of having the wife and husband both sign a notarized agreement to the changes in the lease, sounds good as well.
As a side note...being that there's a divorce, means changes in expenses and income for both husband and wife. You really need to re-screen whoever you choose. You may find that the husband not only doesn't have a wife to share in the expenses, he may still be required to "support her financially". So a tenant who could have once afforded to pay you, may now have problems.
So I would re-screen and reevaluate. Divorcees often downsize.
Have you considered not renewing the month to month lease option with them? Divorces can be bitter and full of games played by each party.
If you do negitiate a new lease with the husband I would talk to the wife first to make sure she is on board.
Free eBook from BiggerPockets!
Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!
- Actionable advice for getting started,
- Discover the 10 Most Lucrative Real Estate Niches,
- Learn how to get started with or without money,
- Explore Real-Life Strategies for Building Wealth,
- And a LOT more.
Sign up below to download the eBook for FREE today!
We hate spam just as much as you
Create Lasting Wealth Through Real Estate
Join the millions of people achieving financial freedom through the power of real estate investing