Wife wants to terminate lease while husband in jail

[Robert Sarno]

Here is our situation.  We have what was a great tenant (husband, wife and son) for 16 months.   We were just contacted by the wife that due to domestic battery against her, the husband is in jail.   She is fearful of her life and wants to move far away quickly.  She also indicated to us that her husband will not be able to afford the monthly rent without her income.  Since the initial 12-month lease converted to a monthly lease in December, 2015, we are wondering what obligations we have to the husband in this case.  She has filed a no contact order against him.  We asked her to write us a letter explaining the situation, requesting immediate lease termination and that her husband is unable to sign the letter since he is in jail.  She is planning on removing all their personal items from the home including his property for us and will do the normal move-out walk through with us.  Is there something more we need to do to deal with the husband when he gets out of jail...not sure if he can afford the bond.  Any advice would be greatly appreciated!!!  Thanks,  Bob 

[Matthew Kreitzer]

Oh my, I'm spotting a significant number of issues here and potential for liability. The amount of liability you could be subjecting yourself to, and the amount of hassle this will be, depends on any number of facts not present in the question. Please, go talk to a local attorney before doing anything. 

In my state, there are at least a few theories that the Husband could use to pursue the landlord if any damage is done to the property (depending on facts that may or may not exist), a few protections for the Husband depending on the type of charge he is being held on, etc.

DISCLAIMER: Educational material. Not legal advice. Find a local attorney.