Month-to-month tenant kicks out husband, what are his rights?

[Chad C.]

My tenant called to let me know that her husband, whom she has been separated from for about a month has been entering the home uninvited.

I told her that since he was on the lease that he has rights just like she does, and that I cannot change the locks because that is against the law.

I’m not sure if I should do anything at all really, it’s no benefit to me to get involved in the matter. But since they are on a month-to-month lease, I could just write a new one with her, and it would give me an opportunity to go up on the rent $50. Which I told her I was planning to do six months back, When I bought the place.

These civil matters can be tricky, and I don’t want to look like I’m favoring one tenant over the other. I know I have to make sure she can afford the rent alone, Is there any other things I should think about before proceeding? There is a chance that After I write a new lease agreement, they reconcile and both are on the property anyways.

I did mention to her that she could change the locks herself. Does anybody see an issue with that? I also might have to give a 30 day notice of lease termination?

[Thomas S.]

It is her problem not yours. Do nothing, aside from raising the rent, until she resolves the issue herself.

You should probably suggest to her that she move to an apartment of her own. Last thing you want is a irate husband coming back to destroy your property.