In the event of a divorce, can I take one of my tenants of the rental agreement per his request and reevaluate the other tenant’s financials?

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In the event of a divorce, can I take one of my tenants of the rental agreement per his request and reevaluate the other tenant’s financials?

My tenants are divorcing. She moved out without ever telling us; now she wants to move back in and says that he wants to move out. If I get both of them to give me written concent to have only her on the lease, can I take him off? Can I reevaluate her financial status to make sure she can afford it on her own? If she can’t, how do I go about not allowing her to stay either and just put it up for rent again?

Asked on April 28, 2012 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to be willing to surrender the lease and sign a new lease with her. Ultimately, you can just evaluate her income before anything is done by having her fill out an application. You take that application and look at proof of income and just use that. If this is fine, then you need to end the current lease with no penalties but taking into consideration that he will have to either agree to forfeit his security deposit or you need to explain to both of them that a) security will be used partially to clean up the apartment or continued with her as the new tenant.


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