Cleaning and damages when Renters Divorce & one Renter stays?

[Randy Jarrett]

Renters are divorcing and one is staying. Any suggestions on how to handle the cleaning of the rental and carpet cleaning with one renter staying? The contract states that Renters will use the agreed to cleaning checklist to clean and what isn't cleaned then the Landlord will use Security deposit to hire the cleaning done. It also states that Landlord will contract to have the carpets cleaned and the expense will come out of the security deposit. Also wondering about how to handle any damages done up to this point. 

How would you go about getting this cleaned with a renter staying in the rental? It makes it more complex that one of the renters left many months ago and doesn't give the impression in writing that he intends to return to the property for any reason let alone to clean. All he stated in writing is that he needs to terminate his lease that is currently on a month to month. We intend to terminate that agreement as of Dec.31 and start the new contract Jan.1 with the the renter who is staying. Would ideally like to just refund the deposit in full and move on while holding the current tenant liable on the new contract as this tenant is the one who has been the primary person staying in the rental. Any suggestions on how to protect our interest in this and make the transition as seamless as possible?

[Tracy Streich]

I would not clean or do any repairs right now.  The tenant is still in the house.   Even if you are renewing the lease with just one of the tenants.   Deposit stays in place.  Again, tenant is not moving.  Just like any roommate situation.   This is a renewal.   Don't make their problem your problem.   Their lawyers can figure it out.

If you do decide to go the other way treat t just like a move out.   Do the inspection, take what is is legal from the deposit and return the rest in one check made out to both of them.   They can figure out the how to divide it.