Renters bailing

[Jason Warner]

I am new to the rental business and need some advice. I have been a long time lurker, but have never posted. I have learned much from the members here and respect your opinions.

I have some renters who are splitting up and seeking divorce. Neither one can afford the rental on there own, and have been upfront about their situation. This has all unfolded in the past 24 hours so they contacted me right away. The wife is moving out as I type, and the husband has asked that I use their deposit and allow him to stay until the funds are exhausted. I believe I can trust him to keep the home in good shape, and not trash it when they leave. The rent was due a few days ago, but the husband needs to have money to put down on a new place, thus the request.

My main concerns are: Do I need to file for eviction to protect myself from a legal standpoint? What type of written documentation do I need if I do not file for eviction? What have/would you do if faced with a similar situation?

To this point they have taken immaculate care of the place, and it looks nicer than most of the owner occupied homes in the area. I have no reason to believe he will renege on his end of the deal. He was concerned about having a bad report and not being able to find a new place. I am concerned that he may have trouble finding a place and not leave when the time comes. I am meeting in person with him tomorrow. Thanks in advance for your advice.

Jason