What Happens When Your Tenants Separate or Divorce

What Happens When Your Tenants Separate or Divorce

September 6, 2012

2 Minute Read

shutterstock_314294126Some relationships just don’t work out — couples break up, marriages end in divorce. And, when this happens, it’s unlikely that the former couple chooses to stay under the same roof.

If your tenants split up, this can create complications at your rental property. So before problems arise, it’s best that you talk to the remaining tenant to address the intentions of both parties.

Explain their legal obligations

If both parties signed the lease, they both are legally obligated to continue to pay the rent and maintain the property until the lease ends. It doesn’t matter if both people are living in the property or not.

You can also choose to draw up a new rental agreement to take the place of the old one. Consider consulting a lawyer before you compromise your current lease, however; divorces can get messy, and you want to be protected should either tenant make claims against the other.

Tip: Zillow Rental Manager offers state-specific customizable online lease agreements for free. Currently available in Oregon and coming soon to select locations.

Inform them that both tenants can access the home

Unless you've drawn up a new rental agreement or there’s a restraining order involved, both parties must have access to the rental property. This also means you can’t change the locks to the unit to keep the other party out.

If income is too low, require a cosigner

Remember when you first screened and qualified the happy couple before they signed the lease? You probably looked at their combined income when determining their ability to afford the monthly rent.

If the remaining tenant is signing a new rental agreement — and they aren't financially qualified to pay the rent — you can require a co-signer. If the departing tenant is willing, that person could become the co-signer. The only difference would be that the co-signer has no 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 still doesn't meet your income criteria, you can choose not to renew the lease in most cases.

When in doubt, consult a lawyer

During a divorce, you don’t want to get caught up in the drama by favoring one party over another — you just might find yourself getting pulled into a lawsuit. To minimize your risks, consult your lawyer for advice.

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