Q: Do I need a divorce decree to remove a tenant who has left the marriage, and the apartment, off a lease?
A: If you are a landlord with a valid lease agreement with the tenant then you will need to evict the tenant for cause. However, there are a lot variables that would need to be known before giving you more advise if you are the landlord.
If you are not the landlord and you are just the roommate, the landlord can only get rid of the roommate.
Either way more information is needed to make sure that you get a satisfactory answer to your question.
A: A divorce decree is most likely irrelevant. But more information is required to be able to offer options. IF the tenant signed the lease and has abandoned her/his tenancy, you may have rights to simply declare them to have abandoned their tenancy. If 2 people signed the same lease, and one has abandoned it, then they both have legally abandoned the tenancy and you likely can enforce the removal of the 2nd tenant or you can presumably enter into a new rental agreement with just the remaining tenant if you wish. All in all, if you want specific answers, as opposed to general legal principles, you need to simply make an appointment and review everything in detail with a local landlord-tenant attorney. Good luck.
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.