Tenants Divorcing

[Dan N.]

My tenant notified me today that she and her husband are divorcing. They are both on the lease which has about 7.5 months left on it. The list lists them as jointly and severally liable. I believe I have no legal obligation to break the lease for this reason, but I don't want to force a tenant to stay in a situation if it's a financial difficulty. If she's going to struggle to pay, then it seems like it's in my best interest to ensure a smooth transition. 

I have offerred to let them out of their lease if they or I find a qualified tenant to replace them. 

Any other suggestions on how to approach this? 

[Patrick L.]

You have no obligation to let them break the lease but at the same time they can just split on you and other than any deposit you have it may be difficult to collect beyond that despite what you are owed.  Your best options are to work with them and find a new tenant and let them out once a new tenant is located and that lease begins or to negotiate a lease termination fee releasing them from the lease (such as 1-2 months rent).   If they don't have the money to stay or pay the lease break fee what benefit is there to you of trying to hold them to lease?  You're going to end up either having to evict or having them split on you if they can't afford it.