Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 2 years ago,

User Stats

7
Posts
0
Votes
Craig McCarter
Pro Member
0
Votes |
7
Posts

Tenants Getting a Divorce - Wants to Change the locks ?

Craig McCarter
Pro Member
Posted

Hello,

My tenants in a long term rental are going through a separation. I've been hearing from both of them, and I keep telling them that I can't get involved, and they need to work it out amongst themselves.  The female moved out, and has asked to get off the lease. I have told her that they would need to reach some sort of formal agreement, that I cannot take her off the lease without his consent. That would be me getting involved, and I can't get in the middle of this. 


The husband has stayed in the property and will continue to pay the lease. In our last conversation he told me that his attorney advised him to change the locks. That sense she moved out, she has to go through the sheriff to return to the property to get her things, etc. I am really trying to stay out of this, and I would be comfortable with him staying there for the duration of the lease .. but now changing the locks?!?! That feels like I could be getting myself in the middle. 


In the lease, it doesn't cover this specifically. there is a section that hold me harmless if I need to change the locks to restrict one tenant due to a court ordered restraining order .. which this doesn't qualify for. 

Am I running the risk of violating the lease on my side  (failure to deliver the property?), or winding up in the middle of this domestic dispute if I let him change the locks? There is 8 months left on the lease. 


thanks in advance!

  • Craig McCarter
  • Loading replies...