Prospective Tenant Going through Separation/Divorce

[Victoria Janis]

Good evening all, 

I’ve got a prospective tenant who showed up to view a home with her husband. He never got out of the car and when specifically asked said, within my hearing, that he didn’t care about looking at the unit. 

She submitted her application and passed all of our qualifications (income, rental history, etc) 

When I reminded her that everyone over 18 needs to submit a separate application, she informed me that it would just be her and her two children living there. She and the husband were in the process of separating and he would not be moving in. 

She qualifies on her own, but I’m worried that this separation may be a ruse because her husband may not meet the rental requirements (prior evictions/criminal background, etc) 

Perhaps it was just a slip of the tongue, but she referred to him as her husband several times during our conversation and it’s odd to me that they’d show up together if they are separating. 

We already include a clause in our lease about long term guests being considered tenants and having to submit an application (including background and credit), but should they refuse to comply, how likely is a lease violation eviction in the state of Texas? 

Any and all advice welcome! We’re learning new things all the time and appreciate the insight. 

Thanks in advance, 

V