Tenants are getting a divorce. The one that can't afford it wants to stay

[Cali Skier]

Hi, 

We have a nice property that we rented to a married couple.  The husband qualifed with his income alone, the wife did not make enough to qualify on her own.  

1. They are now getting divorced and he is moving out.  She wants to stay

2. A month ago there was a very tramatic event in their family where they asked if they could get out of the lease.  We assessed the situation and told them they could give us 30 days notice and pay in full and we would let them out.   We would typically not do this, but talking to a very experienced property manager friend, they agreed in fact suggested we let them out, this would be the one exception... crazy and aweful situation.

3.  That situation caused the divorse and now she wants to stay.  But we do not believe she can afford it.

What is the best approach?  Can I legally just put a stop to everything and just tell her that she does not qualify on her own, give her a 30 day notice to vacatate asking for 8 days rent into November?   He is responsible for the lease too, I get that.  To me it's easyest just to tell her she needs to leave, but can I do that?

How would you all handel this?

[Greg Scott]

Unless you choose to remove the husband from the lease, they both remain leaseholders even if he is not living there. They have joint and several liability.  In other words, you could get payment from either or both.

At the end of the lease and beginning of a new one, the wife would have to qualify by herself.  It may seem harsh to terminate her tenancy, but they are in an emotional time and "comfort of home" may feel better now. However, if she really can't afford the property and she gets evicted later, she still has to move and then has a bigger problem of damaged credit.

But, do not rush to a decision with no information.  She may be getting alimony payments sufficient to allow her to qualify on her own.