Tenant domestic dispute

[Andrea Tapp]

I have some tenants that have had a domestic dispute. The wife went to file a protective order and was denied. She is wanting to stay at the house but not wanting to worry about her husband coming in. They have 2 months left on the lease. She has a stable job and he does not. Any advice on how to navigate this?

[Patricia Steiner]

I certainly appreciate what the contributors before me posted.  Makes sense - but I also think it makes even more sense to stay out of it.  The court did not issue a protective order indicating that a threat of violence was present. The wife wants to stay so she obviously isn't afraid of him knowing where she is; she's not going into hiding, not asking to get out of the lease. She wants you to change the locks.  And, legally, you can't do that.  

The reality is that they are your tenants; nothing more.  Their marriage - and problems with it - are their personal business.  Divorce Attorneys set-up residency agreements/restrictions - not landlords.  My recommendation is to tell her that you have enjoyed having them as tenants and that you wish them well as they navigate issues that many married people encounter during their marriages.  That you cannot restrict a legal tenant from the property but she should consult with a divorce attorney who can mediate a solution for them.  I would also let her know that if she wants to stay after the lease term that she could lease the property in her name only and you could then change the locks.  But until then (and beyond), the expectation will be that they live and use the property peacefully.

Removing yourself from any role other than that of the landlord/owner will save you from all the games people play that really are not for us to participate in or resolve.