Divorce and Your Rental Lease — What to Do When Your Tenants Split Up

Divorce and Your Rental Lease — What to Do When Your Tenants Split Up

July 18, 2018

2 Minute Read

Divorce and your rental leaseSometimes relationships don’t work out — couples break up, and marriages end in divorce. When this happens to your tenants, it’s likely you’ll lose one — or both — as a renter, and complications might arise. If your tenants are splitting up, talk to them to find out their intentions about your property, and keep the following in mind:

  • The lease
  • Their access to your property
  • The remaining tenant’s income

If your tenants are divorcing, it’s important to remain objective and neutral in the situation. Avoid getting swept up into any drama between the two parties — for your own good but also because you could end up in legal hot water. To minimize your risks, consult your lawyer for advice.

Handling the lease

If both parties signed the lease, they are both legally obligated to continue to pay the rent and maintain the property until the lease ends, even if one of them moves out. If it becomes clear that one party will stay at your property, you can draw up a new rental agreement to take the place of the old one. Consult a lawyer before you compromise your current lease, however. Divorces can get messy, and you need to protect your interests if either tenant makes claims against the other.

Tip: Zillow Rental Manager offers state-specific, customizable online lease agreements for free. This feature is currently available in select locations.

Both tenants can access the property

Unless you’ve drawn up a new rental agreement or there’s a restraining order involved, both parties can continue to access the rental property. You or your tenant can’t change the locks to keep the other party out.

Remember income requirements

When you first screened and qualified the couple before they signed the lease, you probably looked at their combined income to determine their ability to afford the monthly rent. But, the one remaining might not be able to pay on their own. If you’re drafting a new rental agreement and find out the tenant isn’t financially qualified to pay the rent, you can require a cosigner. The cosigner can be the departing tenant, if they’re willing. The cosigner would not have privileges to access the property if they are not listed as a tenant on the lease. If the lease term is nearing its end and the tenant doesn’t meet your income criteria, you can choose not to renew the lease in most cases.

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