Tenant getting a divorce

3 Replies

My renters are on a month to month basis with a 60 day notice for changes to take please. The husband told me he is getting a divorce and his lawyer wants the lease re signed with just him on the lease( not the wife). I feel like I should get him and his wife to sign something and get it notarized before I change the contract. Any thoughts, suggestions or experience?

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.

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