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Our Tenants are Going through a Divorce and Want to Remove the Husband's Name From the Lease.

We are landlords in Michigan. Our tenants are going through a divorce and want to take his name off the lease. He has forcefully entered the home and done damage to it on two occasions. He says she is a drug addict. She says he's crazy and mean. I just want my rent on time. Do I have to take him off the lease? Now or after the divorce is final? Should I? What are the pros and cons? If I take him off should I write a new lease? Can I legally ask for a guarantor if I do? Help!!!

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Attorney answers (1)

Reputation Level 6
Dear Landlord:

You live in my hometown. There is nothing you can do until they are late on their rent, and then you can start eviction proceedings. The divorce has nothing to do with your lease.

However....

When the husband broke into the home, was the police called? If so get a copy of the police report for future reference. If she is using illegal drugs, were any criminal charges brought against the wife? If so, check out the police report and/or criminal proceedings. As a landlord, you can evict tenants for illegal activities, but you need proof of it and not just heresay.

I would not advise taking anyone off the lease, because then you only have one person to sue for non-payment of rent and not two. However, you can offer to terminate the lease, if both parties are agreeable to it, and rent out the premises to someone else (especially if you are concerned about physical damage to your building). Otherwise, they have a legal right to say no and remain there for the balance of the lease.

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