Tenant wants her husband off the lease

[Patricia Taveras]

I have a tenant in a long term rental in NC who signed a lease several years ago with her husband and children on the lease. She has been month to month for a while now. She now wants to sign a new lease without her husband on it because she wants him out by January 1st (2 days from now.) What are my responsibilities/ legal obligations here?

[Scott M.]

When it comes to removing a spouse we draw up a separate agreement and we require them to sign in person VS online so our leasing agent can say both parties in fact signed.  This agreement covers things like the SD, back rent, back utilities, personal property, who pays what, who gets what moving forward etc....so there is no debate on who owes what or that the departing spouse has all their stuff out of the home and they need to talk to the staying spouse, not us, if anything is missing etc.....also cover off keys/locks changes who pays (get it upfront) and garage door opener codes blah blah blah.  

Then we sign a new lease with the staying spouse.  

This is generally your one shot to get it documented so, get it documented.