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12-27-2007, 06:11 PM
| | Junior Member | | Join Date: Dec 2007
Posts: 1
| | | Wife Tenant is kicking out Husband Tenant!
What is the name of your state? Utah
OK folks...I have a situation I want to make sure I handle correctly. We originally had a lease with a single lady with a few children. Later, she married. He moved in and we executed a new lease with him on the contract. She called today and wants to change the locks on the doors and re-execute a 3rd contract without soon to be ex hubby on there. What are my legal and ethical responsibilities??? Can we allow her to change the locks to exclude someone who has legal right to be in our property?? |
12-27-2007, 06:33 PM
| | Member | | Join Date: Oct 2007
Posts: 208
| | | I would doubt that you can without his permission. All parties must be in agreement for lease terminations or modifications. |
12-27-2007, 06:40 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 2,499
| | | Just say no.
In a couple of weeks they will be back together again. Don’t let them use you in their own little private war. Like you said, he has the right to be there. Have her get a restraining to keep him away from her and thus barring him from the property. Then she can change the locks. But the lease stays as is. You have to be able to collect from both parties as each will point fingers at the other at any discovered damage to the property.
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In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
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12-27-2007, 06:55 PM
| | Senior Member | | Join Date: Apr 2002 Location: snowland
Posts: 5,818
| | | Short of court order like a divorce decree, you are better off to stay out of it. BUT do be aware that your remaining tenant could have problems paying the rent. Your not a social worker. If you must then suggest that they might seek counseling or services from a nearby church . You only need to be concerned if the tenant cannot pay rent or enough things go wrong that you see the lease being breached. |
12-27-2007, 08:22 PM
| | Senior Member | | Join Date: May 2001 Location: Central VA
Posts: 2,341
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You can't do ANYTHING without his agreement OR a restraining order from a judge that she provides you.
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CPM * 40 years of property management experience
Age and experience ALWAYS trumps youth and enthusiasm
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12-27-2007, 08:35 PM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 11,595
| | Quote:
Originally Posted by Alaska landlord  Just say no.
In a couple of weeks they will be back together again. Don’t let them use you in their own little private war. Like you said, he has the right to be there. Have her get a restraining to keep him away from her and thus barring him from the property. Then she can change the locks. But the lease stays as is. You have to be able to collect from both parties as each will point fingers at the other at any discovered damage to the property. |
Alaska landlord , please stop giving wrong legal advice , such as get a restraining order .
There is nothing in the posting landlord's topic to even hint that a R/O is in order .
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"Egotism is the anesthetic that dulls the pain of stupidity."
Borrowed .
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12-27-2007, 09:09 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 2,499
| | | I am glad you have the ability to form an opinion and that you are not just limited to cutting and pasting, But the point is that to get a restraining order she must be able to show a history of violance. Ergo.. the LL need do NOTHING if she can't get one.
Live and learn**************......please!
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In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
Last edited by m martin; 12-28-2007 at 11:36 PM.
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12-27-2007, 09:19 PM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 11,595
| | Quote:
Originally Posted by Alaska landlord that may be so, but she will not be able to get one unless she meets the necessary criteria. Stop reading into things you are making yourself look foolish. | I'm not going to argue with you , you typed the words . If you don't want posters reading the words don't type them and post them .
There was absolutly no reason to type and advise the poster to tell the female tenant to get a restraining order then she can change the locks .
Have her = tell her .
I read just fine of what you post , and I'm not the one that posted " foolish " nonsense .
This is a legal forum .
And exactly , " but she will not be able to get one unless she meets the necessary criteria." .
So why on earth advise the LL to tell the tenant to get one ?
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"Egotism is the anesthetic that dulls the pain of stupidity."
Borrowed .
Last edited by m martin; 12-28-2007 at 11:37 PM.
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12-27-2007, 09:24 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 2,499
| | Are we having a blonde moment? Because she may very well be able to produce one and by the landlord offering such advice he has shown some sympathy and demonstrated that his hands are tied. 
__________________
In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
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12-27-2007, 09:56 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 2,499
| | Quote: |
I'm not going to argue with you , you typed the words . If you don't want posters reading the words don't type them and post them .
| Sorry, that post as the result of a knee-jerk reaction. It can be upsetting when people like you and ecmst12 who have no actual experience in landlording make ridiculous assumptions about how a landlord should handle a situation.
__________________
In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
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12-27-2007, 11:50 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 1,036
| | | No, the locks cannot be changed. The (soon to be ex) hubby has every right to reside in and have access to the property.
No, you cannot remove him from the current lease without his permission or execute another lease.
Honestly, the best advice for a landlord in this situation is to stay out of their problems and do not give any advice. Just state, "Legally, I cannot do as you ask." |
12-28-2007, 12:23 AM
| | Member | | Join Date: Nov 2007 Location: North Carolina
Posts: 146
| | | Question: If you added the husband to the lease agreement, did you add him as an occupant or an actual lease holder?
__________________ The best response is to think of yourself as an adult, remember who you are and the decisions you made..."noone made you sign on the dotted line without reading FIRST!"
A North Carolina property manager for over 5 years and yes that means I don't know EVERYTHING!
PS: Just because the sign says "Luxury" doesn't mean we wipe your @$$ for you too!
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