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When Residents Divorce

Life can be unpredictable for anyone, including for our residents. When relationships don’t work out and there are leases involved, this can create a difficult situation for residents and landlords alike. In the event of a resident divorce, it’s important for property owners to know how it may affect the lease, how much to get involved, and how to best handle the situation.

As a landlord, it is important to maintain open lines of communication with your residents. This will be especially critical in the event that your residents divorce. As soon as you learn of any impending residence changes, it’s best to talk to your residents about their intentions. If both parties are on the lease, you’ll need to communicate with each one and try to get a sense of their plans.

Everyone who signs a lease is obligated to continue to pay the rent until the lease ends. This is true whether both residents are living at the property or not. All leasees are similarly responsible for the care and maintenance of the property. It’s important to make sure your residents understand that simply moving out does not release them from these obligations, and to help them understand what the next steps may be.

It’s also important that residents understand that usually everyone who signs a lease will continue to have access to a property, even during the divorce process. If one of your residents moves out, the remaining resident may ask you to change the locks to keep them from going inside the house in their absence. However, as long as the lease remains in effect, it may be unlawful to prevent a lessee from accessing the property.

Residents may want to re-negotiate the terms of their lease to accommodate their life changes. If this happens, you have several options to choose from. If both residents want to break their lease and move out, it’s important to follow the same process you would for any other early lease termination. If one resident wants to stay and remove the other resident’s name from the lease, things can get more complicated. Experts suggest carefully considering the situation and your resident’s ability to pay the rent alone. If the lease is near its end, one tactic is to make your resident re-qualify for the property. If they can’t meet your minimum income requirements, it might be best to assist them with finding other accommodations.

As the property owner, your focus should be on enforcing the lease. While residents are going through difficult life changes, they may try and enlist you to help them with personal matters beyond your ordinary purview. For this reason, maintaining a degree of professionalism and setting clear boundaries is part of effectively managing a property. Do not let your personal feelings allow you to be pulled into a lawsuit by appearing to favor one resident over another. Beyond communicating with your residents and enforcing the lease, it’s best not to get involved in your resident’s divorce.

No matter how well you or your residents cope with a divorce, it is still a difficult and time-consuming aspect of owning a rental home. And, when things don’t go well, it is even more important to have people on your side to help you navigate the legal and financial risks involved. This is what Real Property Management has to offer. We have the experts you need to handle any situation effectively and professionally, giving you control of your time and complete peace of mind.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.