Q: With a current month-to-month lease after lease expiration and couple separated, can I create new lease with one party?
Married couple rented my home in 2014, they have recently separated and he moved out. She wants to remain but is requesting a new lease with him left off. They renewed their lease in 2017 but are currently living month to month after that lease expired in 2018. I want to ensure he can't come after me for removing him from new lease.
A: Yes you can. Just properly terminate the current Month to Month before creating a new lease with only one party moving forward.
A: To be safe, you should formally terminate his tenancy. If it is a month to month tenancy, it can be terminated by written notice served at least 21 days before the expiration of the monthly tenancy. There may be other or different terms in the prior lease which should be consulted.
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