Tenants getting a divorce

[Eric Lundstrom]

My wife and I are house hacking our first duplex which we bought and moved into in September. We inherited tenants with a lease through May of 2019. So far they have been good tenants,pay on time, no complaints etc. However now they are getting a divorce. The husband will be moving out and the wife will be staying. The wife doesn’t want him to remain on the lease and he would like his damage deposit. They have been good and not threatening anything and ultimately what I can’t figure out they will figure out in court between them but I’m wondering how to proceed with the deposit and a new/adjusted lease?

[Amanda G.]

Not a lawyer, and there may be odd rules in your state, but here in Georgia, the two of them are on the lease, so they are both responsible through May 2019.  You own the full damage deposit until that time. If he wants out, you can be kind and say that you will sign a new lease with just her, but the two of them can decide how much damage deposit he gets from her (not from you).