As a landlord what should I do if my tenants are splitting up but both want the rentaal?

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As a landlord what should I do if my tenants are splitting up but both want the rentaal?

They both signed the rental agreement.

Asked on September 4, 2010 under Real Estate Law, California

Answers:

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

Answered 11 years ago | Contributor

You as a landlord have the right not to get involved in the mess of their divorce.  The right to remain in the marital residence is one that they can either agree on or that a Judge in the divorce will order.  The Judge can order it temporarily pending the finalization of the divorce proceedings so to protect yourself I would not take anyone off a lease or issue a new lease until you see some "final" papers: a settlement of divorce signed by both parties or an order of divorce signed by a judge.  In the meantime they are both under an obligation to pay you the rent.  So let them know that you are not getting involved in this in any way.  Also, make sure that they come to an agreement as to the security deposit as well.   Good luck.


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