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Help! Tenant had an affair. Wife left. What are my options?
If this is a duplex.... or something you live in, then yes, you might be able to ask him to leave. If he pays the back rent, then I'd say you're stuck. I had the same situation, and the guy stayed on for a few months more.... left the place in good condition. Sad, yes, but this is a business. If he pays, and does not violate the lease, I'd say roll with it.
That being said... if the rent is overdue, I'm betting it's all over and you'll have to say goodbye in 14 days.
Don't know the laws in TN but I don't think you can kick anyone out because so and so had an affair with so and so or because so and so left in the middle of the night and only so and so is left behind in your rental. All irrelevant I think. That's just life.
The only thing that's ground for eviction based on your post is the $1695 unpaid rent.
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Real Estate Agent
- Second City Real Estate
@Tony Crabtree I haven't seen a lease yet that allows someone to leave due to infidelity. They are both still responsible for the amount due and both will be named in your request for judgement. Now keep your eye out and see if someone new moves in who is not on the lease.
#2 General Landlording & Rental Properties Contributor
Both remain as tenants and are equally responsible for the rent regardless of the living arrangement. Serve notice to both and if the rent is paid one or both may stay. If they do not pay you evict both and take both to court for monies owed.
It is their choice as to how they handle the rental arrangements not yours if they are on a lease. If they were on M2M you could simply terminate assuming your state codes allow.
Your covered no matter what even if only one signed. Marriage bonds you legally to that of your spouse. You may have to file double the paperwork and hunting them down if they bail, so get all the money you can fast.
Originally posted by @Tony Crabtree:
So yea... The title explains it all. I had to serve an eviction notice is morning for $1695 in unpaid rent charges. Found out tonight that the wife is leaving tomorrow morning with the kids.
As of this morning the notice said he has 14-days to pay, but I want them both gone. With her leaving, do I have to honor him being the only occupant? I'm gonna try to convince him his best option is to just get out by end of month... Which it really is his best option.
I just want to try and get new tenants in here as quick as possible.
Yep, they're both still on the lease. Name them both on the eviction.
Your focus is on failure to pay rent, not on who dropped his/her pants with whom. If he can meet the rent requirements on his own (and 14 days to pay is pretty generous) then he gets to stay.
Don't be surprised if he contacts you asking if his new bedmate can be added to the lease now that the wife is gone. If so, in order for that to take place, EVERYONE (you, the wife, the husband) would have to agree to take the wife off the lease.
Gail
#3 Guru, Book, & Course Reviews Contributor
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#3 Guru, Book, & Course Reviews Contributor
- Investor, Entrepreneur, Educator
- Springfield, MO
If you just want them out, get a letter signed by both saying they are terminating the lease, they sign, they can leave Scott free without recourse. Just keep any security deposit and they are ahead, in fact both of you are ahead. Make it a clean break.
Another possibility is bankruptcy during the term of the lease by either one of them or both, if they file you'll be stuck as to your dealings and collections. You might get rents later on, but a new tenant will save you a lot of brain damage and time. Good luck :)
Thanks everybody for all the responses. I think I can successfully convince him to sign a letter to terminate the lease, but good to know I can't make him leave just because his wife isn't there. 14 days is TN law here once eviction has been put on door. Then additional 16 days before I can take him to court. I would consider him leaving without a recourse a win-win for sure, so hopefully that happens.
I also think the utilities are in her name. She should have the right to turn those off correct? And obviously he can turn them on again in his name, but that might be a good way of nudging him out as well.
Don't forget what Gail said, if the wife is on the lease, she also has to sign the termination agreement for it to be valid.
Originally posted by @Tony Crabtree:
Thanks everybody for all the responses. I think I can successfully convince him to sign a letter to terminate the lease, but good to know I can't make him leave just because his wife isn't there. 14 days is TN law here once eviction has been put on door. Then additional 16 days before I can take him to court. I would consider him leaving without a recourse a win-win for sure, so hopefully that happens.
I also think the utilities are in her name. She should have the right to turn those off correct? And obviously he can turn them on again in his name, but that might be a good way of nudging him out as well.
I would let him and her both know that they are both legally bound to the rent and they will both be evicted. Let them know for the sake of their children they need to leave and pay up the money they owe. Otherwise you will get a judgement and eviction on their records and they will have trouble renting in the future. Say this verbally and make it clear this is in their best interest.
I had a similar situation. The guy cheated on his wife, they had three kids. She kicked him out, but he tried to come back into the house. He called me on New Years eve at 11PM to tell me his name was on the lease and he had a right to be in the house. I said to him, "Look here is the deal. You cheated on your wife and destroyed your marriage. You disappointed your children. First of all, this is a matter between you and your wife. Secondly, I recommend you man up and accept the consequences of your actions. You are going to make this worse on your kids if you don't just back down. I am sure you care about them and want a relationship in the future, so don't screw it up." He said yes and never bothered them again. The woman stayed there for three more years and paid rent on time.
Joe Splitrock love the call to accountability and being a man. The guy says he's going to pay rent and try to win back his girl. Hope it works out for the sake of the family. We'll see.
It depends ... did the wife leave with you? Is that her on your back?
Sorry, man, I couldn't help myself with that joke ;-)
@Joe Splitrock, that was incredibly well handled... if we entertain the notion that you came up with that verbatim on the spot & in the moment. Which you probably didn't. :) But if you came up with 80% of that on the spot, still very well done and a class act. I tip my hat to you, good sir.
Originally posted by @Chris Mason:
@Joe Splitrock, that was incredibly well handled... if we entertain the notion that you came up with that verbatim on the spot & in the moment. Which you probably didn't. :) But if you came up with 80% of that on the spot, still very well done and a class act. I tip my hat to you, good sir.
Haha, well I am not going to guarantee it is exactly what I said verbatim, but I am sure it is very close.
#2 General Landlording & Rental Properties Contributor
Be very carful moving forward with this tenant, you may simply be enabling him and you may end up on the short end if his finances are stretched due to the separation. Landlords are usually the last to be paid.
I would not give him any leeway at all. He needs to pay what he owes in full today or sooner and make it very clear that even if he has to go with out food rent is due in full on the first every month or you evict.
Tenants in difficult situations take advantage of soft landlords. My guess is unless he has money to burn you will evict or you will get s****ed. In these situations I have seen landlords get stiffed for many months of rent before they finally come to their senses.
Frankly, even renting to a newly divorced person is somewhat risky in my view. I earned this view the hard way after him paying his lawyer first, becoming behind, then getting his legs broken in a very shady incident with his new "girlfriend". After I had the heart not to boot out a tenant who couldn't walk during the holiday season, he proceeded to go bankrupt and drag it out forever.
Needless to say, this tenant was a master class in both bankruptcy and running your real estate business like a business.
My point is simply this: enforce the lease and its terms to the letter. If they get behind and you give them enough incentive, they will do something everyone will regret a lot more.