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Updated over 6 years ago on . Most recent reply

User Stats

11
Posts
3
Votes
Richard Potts
  • Investor
  • Austin, TX
3
Votes |
11
Posts

Advice please! Tenant couple breaking up; one is harming

Richard Potts
  • Investor
  • Austin, TX
Posted

I'm going to consult an attorney, but any help from experienced Texas landlords would be MUCH appreciated. 

THE SCENARIO: I've got a tenant couple breaking up, not yet divorced or legally separated. Husband has been diligent about paying rent and caring for the property. Wife, who was a signatory on the lease, has been absent for much of the lease period, which just ended on June 1, including removing her possessions. So I renewed with husband, who wants to stay in the apt, as lone lease signatory. Wife is suddenly back demanding full access to the apartment and is damaging the property (broke door and locks in an argument) to prove her point. Though husband is the only signatory on the new lease and is working toward a divorce, I understand that doesn't truly dissolve wife's access to the marital home. But then wife wasn't violent before. 

QUESTIONS: Is there any way to evict one half of a married couple when they are still married? Or would I have to evict everyone for property damage? How do I get the one destructive member of this couple out? 

Thanks BP community! 

Most Popular Reply

User Stats

117
Posts
55
Votes
Sammy G.
  • Rental Property Investor
  • Houston, TX
55
Votes |
117
Posts
Sammy G.
  • Rental Property Investor
  • Houston, TX
Replied

First & foremost begin the new lease June 1 in the name of husband only - do not amend previous lease to make husband signatory.
Because this is leased property anyone else entering the property not allowed by official tenant is essentially trespassing. This is not an owned home therefore I don’t believe the rights of spouse, significant other carry over.

Tell the husband to immediately call authorities and you as landlord when soon-to-be ex-wife tries to re-enter. Change all locks and gather proof of breaking & entering.

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