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Old 02-24-2009, 05:14 PM
 
Location: Greenville Cty, SC
32 posts, read 172,305 times
Reputation: 24

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I have a young married couple as tenants in one unit. They have separated and the husband moved out. We are in SC and she cannot file for divorce until separated for one year. She wants to remain in the unit alone. I have a month to month with them. Can I or should I remove him from the rental agreement?
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Old 02-24-2009, 05:42 PM
 
27,932 posts, read 60,105,374 times
Reputation: 22790
Quote:
Originally Posted by frogcollector3 View Post
I have a young married couple as tenants in one unit. They have separated and the husband moved out. We are in SC and she cannot file for divorce until separated for one year. She wants to remain in the unit alone. I have a month to month with them. Can I or should I remove him from the rental agreement?
If it's month to month you really don't have a choice once you receive proper advance notice.
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Old 02-24-2009, 07:03 PM
 
850 posts, read 4,570,059 times
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It's up to them really. If they want him off of the lease and you're ok with her being on it alone (i.e. she can afford to live there on her income alone), then have them submit a request for your records (they both must sign it, preferably in your presence or a notary) and draw up a new lease.
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Old 02-24-2009, 08:41 PM
 
Location: Greenville Cty, SC
32 posts, read 172,305 times
Reputation: 24
Quote:
Originally Posted by Babytarheelz View Post
It's up to them really. If they want him off of the lease and you're ok with her being on it alone (i.e. she can afford to live there on her income alone), then have them submit a request for your records (they both must sign it, preferably in your presence or a notary) and draw up a new lease.
Thank you. I was thinking that if they both submitted something in writing would be sufficient for changing the rental agreement. I just wanted someone else's opinion.
I really appreciate the input.
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Old 02-24-2009, 09:06 PM
 
27,932 posts, read 60,105,374 times
Reputation: 22790
Quote:
Originally Posted by frogcollector3 View Post
Thank you. I was thinking that if they both submitted something in writing would be sufficient for changing the rental agreement. I just wanted someone else's opinion.
I really appreciate the input.
Always best to have a paper trail... especially when tenants are separating.
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Old 07-22-2011, 11:38 PM
 
2 posts, read 7,677 times
Reputation: 10
b/f and I been in apt for 4 years on month to month. Our agree was I pay power bills/food. he pays rent. He's 3 month behind on rent yet there's lights on and food in the house. Terms of moving in together ~ He promised to pay bills on time and change his activities of P/P with other guys. Broken promise, all nighters at least once a month..........who goes?
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Old 07-23-2011, 10:31 AM
 
Location: Mostly in my head
19,856 posts, read 63,036,675 times
Reputation: 19332
Once you decide between you what you want to do, talk to the landlord and see if the one person still qualifies for the place. If his name is on the lease, you can't force him out if he doesn't want to go.
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Old 07-23-2011, 04:00 PM
 
4,919 posts, read 21,904,414 times
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Don't remove him from the lease as a divorce is not final and nothing has been determined. Since it's a month to month, notify both that their lease will not be renewed. Follow state law about how to notify and the time frame for notifcation. You are free to enter into a new lease with the new renter which would now be only her under her name alone. Threat the old lease and deposit refund as one transaction and the rental of the new place and deposit as a seperate transaction. This could be a problem because you have to return the deposit in the names of the people on the lease so if both signed the lease, the deposit is retuned to both named people. You can agree in writing to delay the new renters payment of the security deposit to give her enough time to cash the old deposit and pay the new one. If your lucky, you may be able to get the other party to sign a statement that they are giving up any claim to the deposit in which case you just transfer it over to her name and the new lease.

Also check state law about spousal rights as he may be able to claim the right to live in the unit even though they are seperated because that was his apartment with her and they are not divorced.
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Old 07-23-2011, 04:42 PM
 
Location: Mostly in my head
19,856 posts, read 63,036,675 times
Reputation: 19332
Quote:
Originally Posted by PacificFlights View Post
Don't remove him from the lease as a divorce is not final and nothing has been determined. Since it's a month to month, notify both that their lease will not be renewed. Follow state law about how to notify and the time frame for notifcation. You are free to enter into a new lease with the new renter which would now be only her under her name alone. Threat the old lease and deposit refund as one transaction and the rental of the new place and deposit as a seperate transaction. This could be a problem because you have to return the deposit in the names of the people on the lease so if both signed the lease, the deposit is retuned to both named people. You can agree in writing to delay the new renters payment of the security deposit to give her enough time to cash the old deposit and pay the new one. If your lucky, you may be able to get the other party to sign a statement that they are giving up any claim to the deposit in which case you just transfer it over to her name and the new lease.

Also check state law about spousal rights as he may be able to claim the right to live in the unit even though they are seperated because that was his apartment with her and they are not divorced.
The latest post was from a RENTER not the LL.

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Old 07-24-2011, 05:36 AM
 
Location: St Thomas, US Virgin Islands
24,669 posts, read 66,525,528 times
Reputation: 26668
Quote:
Originally Posted by SouthernBelleInUtah View Post
The latest post was from a RENTER not the LL.
The bane of new posters dragging up old threads instead of starting one of their own!
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