Q: when tenants are divorcing can we ask one to leave and remove from the lease?
We have a month to month agreement with a couple and just learned that they are divorcing. Can we remove one tenant from the lease and ask the other tenant to move? We feel it's becoming a situation that may cause harm to the property. Can we give a 24 hour or 30 day notice to vacate?
A: No, you cannot arbitrarily intervene in your tenant's divorce! You can let one or both of them out of the lease IF they request it and both agree. One can even move out regardless of the other tenant's desires thereby breaching the lease (presumably) and thus allowing you to deal with the situation at that time. If either or both actually DO harm your property, you may then have grounds to terminate their lease. And it makes little apparent sense for you to remove one tenant from the lease and then ask the other tenant to move. Normally, if either was to move, it would be the one removed from the lease, not the one still on the lease. Regardless, sticking your nose into someone else's divorce without solid, provable good cause just begs for you to end up in court incurring costs and attorney's fees out of your pocket (at least up front and maybe permanently) - is that what you really want?
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.
