Tenants are going through a seperation, and only want one of their names on the lease

[Alexander Canalini]

We have a rental property where a married couple is living in the home. They're separating, and the husband moved out of the house. The wife is now the only one there, and she let us know that she wants to put the lease into her name only, removing the husbands name. 

Do we need to receive mutual consent from both tenants? How do we start this process? 

Any help or horror story is welcomed. Thank you! 

[Richard F.]

Aloha,

Sure, you want a horror story, here you go:

Married Military guy had been renting for over a year, with his wife living in another state, also "separating" so he was only one on the rental agreement, and obviously had BAH to pay rent. Wife shows up (with no notification to the PM of course), all lovey dovey for a couple months, then it hits the fan. She, not even on the rental agreement, but has proof of marriage, calls 5-0, guy leaves in bracelets, she gets TRO which prevents HIM from even entering the building, much less what was his apartment. She trashes it over a few months of course not paying any rent, and finally disappears, after he was deployed overseas.

You should always get occupant changes documented with an addendum referencing the initial Rental Agreement, and yes, all parties signing...the one moving out, the replacement roommate, and the original roommate(s) as applicable...ALL adults. This also applies when a family has a teenager about to turn legal age, add them to the agreement within a reasonable time. The more responsible parties you have, the better the chance you will get paid everything that is due.