Tenants Getting a Divorce - Wants to Change the locks ?

[Craig McCarter]

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!

[Greg Scott]

This is simpler than you think.  You may be making it more complicated because you are already emotionally involved.

Ignore your current situation.  If a resident asked to have the locks changed, what would you do?  "Yes, we can change the locks and it will cost $X." If a current resident was locked out of their apartment, what would you do?  "Yes, we can unlock the door and provide you another key for $Y."

I would tell the husband, yes, we can change the locks for a cost.  Because your wife is a legal resident in the unit, we will have to provide her the new key if she requests it.  That might cause them to get their lease cleaned up and have only him on the lease. 

FWIW, you should re-qualify him.  If he doesn't have enough income to carry the lease on his own, you SHOULD NOT let the wife out of the lease.  They should both remain on the lease until the end of the lease.