Current tenants just renewed .... getting separated and one wants off the lease
Member since 2024 · 32 posts · 14 votes
Current tenants just renewed .... getting separated and one wants off the lease
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Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
2moIf she doesn’t qualify see if she’ll just agree to move out. It’s all good and even great that you can keep him on the lease. But… You say they were living paycheck to paycheck BEFORE he started paying rent and utilities on his new place. So there’s almost zero chance you won’t end up in eviction. If his choice is between paying her rent so she doesn’t get evicted and paying his own rent so he doesn’t get evicted I’m pretty sure which he’ll choose.
Maybe you get to waste time and money suing them both. And they both have nothing, so you get nothing. But at least she gets to live there rent free for a couple months. Or 6+ months if she’s in the 5-10 states that hate landlords. (You forgot to put your location in your profile and your post, or I missed it.)
Is she doesn’t easily qualify and doesn’t have a new “friend” to move in and help with the rent. Just cut your losses and end the lease.
10 Replies
- Investor · San Diego · Member since 2020 · 92 posts · 60 votes2mo
Your understanding is right: you have no obligation to release him, and if you do, the standard path is the remaining tenant re-qualifies on her own or adds a qualified cosigner. Given what you wrote, I would be slow to give up the second liable party. She may not hit your income criteria alone, and the bounced payment (twice now) is your ledger telling you the household is already strained.
So the practical options, in order of least risk to you: (1) let joint and several liability ride to term end, which requires nothing from you; (2) grant the release only if she re-qualifies under your normal written criteria or brings a cosigner who does; (3) if she can't qualify and they both want out, consider a mutual early termination of the whole lease with a re-rent, which is often cleaner than carrying an under-qualified solo tenant for 11 more months.
If you do sign a release amendment, the key language points: make it effective on a specific date, state that it releases the departing tenant only from obligations arising after that date, and state that all obligations accrued before it (unpaid rent, late fees, damages already caused) survive against both original tenants. Also address the deposit explicitly. Do not refund "his half" mid-tenancy; the deposit stays with the tenancy until it ends, and the amendment should say the two of them settle any deposit split between themselves.
One caveat: lease releases and deposit handling have state-specific wrinkles, so it's worth having a local landlord attorney or your state landlord association's template review the amendment before anyone signs. A one-page addendum done right now is much cheaper than sorting it out at move-out.
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes2mo
Definitely keep him on the lease until the unit is vacated completely. I am assuming the wife is currently on it with him?
Even IF she has a good job, or "savings", separations/divorce are trouble waiting for a sideways look! Given this is prime time, I would rather offer to let them BOTH out without penalty, and with full refund (assuming reasonable condition and all personal property and rubbish out). This assures them of getting the most cash now to work with and each can find their own new place. It also assures that you don't get dragged into the middle of "irreconcilable differences". Avoid the headache completely. The last thing you want is Drama at your rental...move on.
And, tighten up your screening. If they were living that close to missed payments, not the kind of tenants you want.
- Real Estate Agent · Miami, FL · Member since 2022 · 238 posts · 102 votes2mo
"I'm not obligated to grant the release, and if I do, standard practice is the remaining tenant re-qualifies or brings a co-signer — otherwise both stay liable as-is."
This is the correct answer. You can give them the option of finding a co-signer or guarantor, but you're not obligated to release the husband from liability until the lease ends.
- 2moBenjamin AakerPro MemberRental Property Investor · Brandon, SD · Member since 2015 · 1k+ posts · 1k+ votes
Looks like you have made the right decision to keep him on the lease unless she separately qualifies.
- 2moDrew SygitBusiness MemberProperty Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
Quote from @Sean Pedeflous:
My tenants (married couple) just renewed a 12-month lease. Husband told me they're separating and asked how to go about getting him off the lease.
I told him I could work with him on it, but it would depend on the wife reapplying and meeting my screening criteria. She has a decent job, but I'm not confident she'll hit 3x the rent on her own.
They've been fine tenants, but they clearly live paycheck to paycheck, so I'm a little nervous about this.
My understanding: I'm not obligated to grant the release, and if I do, standard practice is the remaining tenant re-qualifies or brings a co-signer — otherwise both stay liable as-is.
Anyone dealt with this? Worth granting the release at all if I don't have to, or just let joint-and-several liability ride to term end?
Any amendment language to watch out for so I don't accidentally release him from stuff that already happened (late fees, etc.)?
Oh and the wife's current rent didn't go through because her deposit didn't land on Friday due to the holiday. This has happened once before...
If they had a mortgage together, neither would be released from the loan.
One would have to refinance to remove the other.
So, you don't have to release him, even if the wife qualifies on her own.
Logical Property Management4.9451 Reviews - Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes2mo
If she doesn’t qualify see if she’ll just agree to move out. It’s all good and even great that you can keep him on the lease. But… You say they were living paycheck to paycheck BEFORE he started paying rent and utilities on his new place. So there’s almost zero chance you won’t end up in eviction. If his choice is between paying her rent so she doesn’t get evicted and paying his own rent so he doesn’t get evicted I’m pretty sure which he’ll choose.
Maybe you get to waste time and money suing them both. And they both have nothing, so you get nothing. But at least she gets to live there rent free for a couple months. Or 6+ months if she’s in the 5-10 states that hate landlords. (You forgot to put your location in your profile and your post, or I missed it.)
Is she doesn’t easily qualify and doesn’t have a new “friend” to move in and help with the rent. Just cut your losses and end the lease.
- Member since 2024 · 32 posts · 14 votes2mo
unfortunately.... I think you are right. I only own two properties and this is my first real tenant issue in 3 years.... It makes me nervous ha.
- Real Estate Agent · Memphis · Member since 2026 · 543 posts · 315 votes2mo
I’d be cautious about making changes too quickly. Since they just renewed, you already have a valid lease with both tenants jointly responsible, so I'd only consider removing one party if the remaining tenant can independently qualify or has another acceptable way to satisfy your screening criteria.
If you do agree to a lease amendment, I'd make sure it's very clear that the release only applies going forward and doesn't waive liability for any obligations that arose before the amendment. That's one area where careful wording matters.
The fact that rent is already becoming an issue would also give me pause. I wouldn't necessarily base the decision on the separation itself, but I would evaluate whether the remaining tenant can realistically support the lease on her own. If not, keeping the current lease structure in place until expiration may be the lower-risk option.
- Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes2moIf I understand correctly, it's two adults with jobs and they are living paycheck to paycheck.
Quote from @Sean Pedeflous:
My tenants (married couple) just renewed a 12-month lease. Husband told me they're separating and asked how to go about getting him off the lease.
I told him I could work with him on it, but it would depend on the wife reapplying and meeting my screening criteria. She has a decent job, but I'm not confident she'll hit 3x the rent on her own.
They've been fine tenants, but they clearly live paycheck to paycheck, so I'm a little nervous about this.
My understanding: I'm not obligated to grant the release, and if I do, standard practice is the remaining tenant re-qualifies or brings a co-signer — otherwise both stay liable as-is.
Anyone dealt with this? Worth granting the release at all if I don't have to, or just let joint-and-several liability ride to term end?
Any amendment language to watch out for so I don't accidentally release him from stuff that already happened (late fees, etc.)?
Oh and the wife's current rent didn't go through because her deposit didn't land on Friday due to the holiday. This has happened once before...
It's a spending problem and that is unlikely to change on it's own. It's bad habits. You can expect ongoing problems. - Investor · Austin, TX · Member since 2017 · 107 posts · 89 votes2mo
You already have the right answer. Just let them know you can’t compromise your rental standards. If they can’t pull it off it’s effectively a “no”. Up to them
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