A separating couple and existing lease

[Nick Ye]

My tenant couple is in process of separation. The husband wants to be excluded from the lease and won't have any obligation in the future. If they both are agreed to this procedure, what is the proper documentation I should have them sign in order to protect my interests as a landlord. Thanks!

Nick

[William Bannister]

if u decide her income can qualify her on her own for the apt have her bring in old lease rip it up and write a new one. I would put in new lease state that old lease is void by new lease and tenants agrees to that fact. If her income no longer qualifies her I would not do it,I would keep him on lease till there lease time is up to have 2 on the hook if there is unpaid rent or damages. also you want something in writing to the fact of who the security deposit belongs to so the divorce lawyer doesn't come along and ask for your security deposit. A simple note from her divorce attorney claiming the security deposit is her property upon vacate of premise would be sufficient.
Just my thoughts any attorney in here could probably cover bases that I have not covered. I hate taking people off leases because I qualify em on income and 1/2 the income here has just disappeared.
I guess that's up to you if you think her income is sufficient then your fine.