Can I give our tenant at a 30 day notice without my husband’s permission?

Separated 3 years with 3 children My soon-to-be ex-husband and I own a duplex which we rent out. Both our names are on the deed. The tenant is 3 months behind and I just recently put my home on the market. I would like to give her a 30 day notice, so that me and my 3 children can move into that duplex. Another reason for this is thatI can find employment and the property is alot smaller for me to manage. Can I do this? My soon to be ex is telling me no.

Asked on July 27, 2010 under Real Estate Law, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Who is on the lease?  Technically whomever is on the lease as landlord has to give the notice.  Both if both are on the lease.  You say "soon to be ex".  Does that mean that you have filed for divorce and have an agreement as to property in the works or signed?  What does it say as to the duplex?  If you do not have anything in place how can you put the home on the market without his ok? I think that your reasoning is great here but you need to make sure that you can act legally as to both properties. Whatever the case you and your soon to be ex have to do something as to the slacker tenant.  Serve a 3 day notice to pay or whatever the statutes allow in your area (seek help with landlord tenant situations; they can be complex).  You need the money and/or the property.  Get things straightened out as to the distribution of your marital assets.  Good luck.

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