Am I able to remove a spouse from a lease if they have been removed from the house under a restraining order?
1 attorney answer
Removing the husband from the lease means that you can no longer look to him for payment. You have a contract with both, regardless of the domestic situation and you can enforce it. Make the security deposit check to both, since they are both tenants.
Nevertheless, you can always make a new lease with the wife alone if you choose. I suggest that may want to consider refunding the security deposit by check payable to both and then accept a new deposit from your new tenant alone. Then, you will have no entanglements with the past.
Clifford L Tuttle, Jr
Attorney at Law