Divorce - Moving Out of Rental

[Matt B.]

State: Washington

My wife, stepkids and I have been living in a rental home for a bit less than 3 years. The lease expired at 1 year and automatically changed to a "month to month" agreement, which we've been living under since. No complaints or warnings from the landlord, rent has never been late, etc. They seem glad to have us there (including the police in the area) as the house prior to our moving in was a drug house where they evicted the tenants (we found many used needles in the back yard, "cooking spoons" found in odd places, and for the first few months of the rental we had knocks on the front door at odd hours from people of less than reputable status).

The problem is my wife and I have decided to divorce and she'd like to stay in the rental. I plan to move and want to make sure I give proper notice to the landlord. I know the normal notice is 20 days if the house is being completely vacated, but what's the proper procedure for one tenant to depart while leaving the rental in the name of the remaining renter when there is a month to month agreement? I have no interest in getting back any of the deposit, I just want to cleanly exit without leaving me liable for what happens with the rental when I leave, and keeping the landlord as happy as possible under the circumstances.

Thanks!

[Ralph S.]

Matt

You're only up a creek if you want to be. Nobody can force you to stay, or continue to be responsible for the rent.

Put in your notice. If the form doesn't exacly fit, attach a letter explaining the divorce, and your wife's desire to stay.

There is a small chance, I suppose, that they would agree to just let you get out of the rental. I'm sure they could come up with a notice and general release of liability of some kind. If not, what you will be ending is the tenancy by the two of you. If she wishes to stay, it will be up to her to establish a new, sole tenancy with the management company. If you and she chose to work out some kind assistance, try to keep that separate.

You seem like a stand up guy. Hope this helps. Good Luck.

Ralph