Denver, CO asked in Landlord - Tenant for Florida

Q: Spouse wants to cut me from the lease renewal of a tenant of 3 years. What can I do?

My husband and I are going through a divorce and he is supposedly out of the country and I have been dealing with the managing of the property. He now wants to raise the rent and have all funds deposited in to an account with just his name. If the tenant does not agree to his terms that I do not agree with, my husband had threatened to evict the tenant. There is currently no lease in place as the tenant and I agreed that is was not necessary. Great tenant for 3 years. Out of spite, he wants to make unjustly changes. Threatened to have the tenant removed if she doesn't completely comply with his demands As an owner of the property as well, as in the property is in both of our names, how do I handle this matter? How do I prevent him from getting another tenant if the terms are not mutual? Can I enforce a lease that he can not terminate without lawful just?

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: if you are a co-owner of the property, your husband cannot evict the tenant without your consent. Tell the tenant that, and make sure that the tenant continues to pay both of you (by check to both of you).

You could also ask the divorce court to restrain your husband from unilaterally modifying the current situation with the tenant.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.