What are my legal obligations as landlord of single family home?

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What are my legal obligations as landlord of single family home?

Married tenants getting a divorce. He kicked her out 4 months ago and recently changed the locks. She wants access to the home and is calling me to get her in. I don’t have a key, I have requested a new one from husband and informed him that I am obligated to furnish all on the lease with 1 key to the front door. He agreed to give me a key but is asking to remove wife from month to month lease or sign a new one excluding her. She wants to stay on it but is not living there. Don’t want to evict if I don’t have to. Rent is paid on time every month by husband.

Asked on March 27, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. As the landlord of a single family home, you have no duty legally to get involved in a domestic situation with your tenants. You are to provide the wife with a copy of the new key assuming you get one. If you do not get a new key from the husband, his failure to provide it to you could be a basis for termiminating your lease with him. You have no obligation to remove the wife from the presumed written lease.

I suggest that you consult with a landlord tenant attorney to represent you with all issues concerning the wife and husband. You do not want to get involved in their dispute nor should you.


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