There are several things landlords hate to hear from tenants,
and one of the trickiest ones is “We’re getting a divorce.” When your tenants
begin the process of divorcing, it can throw a whole bunch of legal and ethical
questions into the rental property mix. To help you out with this potential
life event, we’ve broken down the issue to address some common questions:
1.
Who stays in the apartment? If both spouses are on the
lease, the landlord cannot legally bar one tenant from the property. Don’t
change the locks, kick someone out or do anything without a court order.
2.
What if there’s a restraining order? Divorce can be amicable, or it can get
ugly. If there’s been an arrest, or even suspicion, related to domestic abuse,
contact your attorney for legal advice before becoming a vigilante and
attempting to evict someone on your own.
3.
Who is responsible for paying rent? Whoever is on the lease. This doesn’t change
until a court order changes the breakdown in responsibility for the couple’s
financial obligations. Both tenants
might try to play you against the other. Stay out of it as much as possible,
referring both to the original signed lease specifying who agreed to make
timely rental payments and maintain the property.
Divorce is a tricky, sticky,
emotional time for anyone going through it. As a landlord, you can be there to
assist with the maintaining of the rental home, but otherwise respect their
right to privacy and stay out of the mess. It’s better for you in the long run.
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