Wife owes me rent after husband left

[Seanscott]

What is the name of your state (only U.S. law)? Indiana

I rented to a family with children on a one-year lease. After one year the lease has turned into a month-to-month tenancy. I have not offered them a new lease.
The husband has left the family and they have fallen behind in the rent. I'm going to have to take them to court fairly soon.
Since the husband was on the original lease do I include him in the suit for past rent? Would he still be considered responsible on the month-to-month rent?
The wife told me that he just packed up and left. He never told me he was leaving or asked to be removed from the lease.
Any advice is appreciated. Thank you.

 

[aabbcc]

Since the husband was on the original lease do I include him in the suit for past rent?

I certainly would.

Would he still be considered responsible on the month-to-month rent?

Yes.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Indiana

I rented to a family with children on a one-year lease. After one year the lease has turned into a month-to-month tenancy. I have not offered them a new lease.
The husband has left the family and they have fallen behind in the rent. I'm going to have to take them to court fairly soon.
Since the husband was on the original lease do I include him in the suit for past rent? Would he still be considered responsible on the month-to-month rent?
The wife told me that he just packed up and left. He never told me he was leaving or asked to be removed from the lease.
Any advice is appreciated. Thank you.

IF both husband and wife were signatory parties to the original lease, then they are both liable for any unpaid rent in an eviction proceeding. Just because the husband bailed does not make him any less responsible for the rent payments. If any of the parties were to be removed from the lease, it would require the agreement and authorization of ALL parties.

If we were to follow the logic that if someone just leaves, they no longer are obligated to pay anymore, then any roommate or co-tenant could just leave and never worry about having to pay the rent that their remaining co-tenants failed to pay on existing leases.

Most definitely include both on the eviction proceedings. While one or the other remains in possession, they BOTH remain financially liable. Also, I would suspect that the husband may have resources available to go after if/when you obtain a money judgment for the unpaid rent. Including him on the eviction suit ensures your ability to go after him for the money.

 

[Isis1]

I certainly would.



Yes.

okay. so now i'm confused. the lease ran out. it was a month to month. the lease is no longer in effect. so if the husband is no longer living there, months go by, why is he still liable for what is not his legal address? why would an expired lease still uphold?

 

[musicman654321]

Its a martial bill anyway ... fact that he is on or not on the lease is not relevant ... and he likely has the cash to pay ... maybe you dont even have to evict, just get a judgment from the husband until they file for divorce...then the status can change

 

[aabbcc]

okay. so now i'm confused. the lease ran out. it was a month to month. the lease is no longer in effect. so if the husband is no longer living there, months go by, why is he still liable for what is not his legal address? why would an expired lease still uphold?

Lease is still valid, it's just month to month. All parties to the lease are expected to perform.

Change of address does not make a contract void.

 

[Isis1]

Lease is still valid, it's just month to month. All parties to the lease are expected to perform.

Change of address does not make a contract void.

not to get on your nerves, but if the lease is month to month, with the tenents that are month to month, if the husband was not there for consecutive months at a time, then the month to month lease would only hold to the residents that occupied during that month, no?

 

[aabbcc]

then the month to month lease would only hold to the residents that occupied during that month, no?

It's not the residents who are responsible, it's who signed the lease. Since the lease automatically renews each month, the same people (who signed the lease) remain responsible.

 

[Who's Liable?]

okay. so now i'm confused. the lease ran out. it was a month to month. the lease is no longer in effect. so if the husband is no longer living there, months go by, why is he still liable for what is not his legal address? why would an expired lease still uphold?

Because your state LL/T laws allow it! It protects the tenant from being evicted with no notice, and it protects the LL from a tenant leaving and not paying with no notice.

Up until you get a SIGNED notice of intent to vacate, ALL signatories are carried over onto the next month.

Which is why you ALWAYS send in your notice of intent to vacate!

 

[Isis1]

Because your state LL/T laws allow it! It protects the tenant from being evicted with no notice, and it protects the LL from a tenant leaving and not paying with no notice.

Up until you get a SIGNED notice of intent to vacate, ALL signatories are carried over onto the next month.

Which is why you ALWAYS send in your notice of intent to vacate!

I did not know that in my instance, I'm not on my lease. So I could leave at anytime and the owner can't come after me since it's only my father in law's the only one on the lease? Keep in mind, it's not my intention, just my confusion of the tenant laws.

 

[Searchertwin]

I did not know that in my instance, I'm not on my lease. So I could leave at anytime and the owner can't come after me since it's only my father in law's the only one on the lease? Keep in mind, it's not my intention, just my confusion of the tenant laws.

If you are paying your father-in-law a penny, you have become a tenant and will have to abide to the law, like he would have to. Keep that in mind.

 

[Searchertwin]

okay. so now i'm confused. the lease ran out. it was a month to month. the lease is no longer in effect. so if the husband is no longer living there, months go by, why is he still liable for what is not his legal address? why would an expired lease still uphold?

What you are asking if he is still liable for the lease since it ended and turn into a month-to-month. The answer is "yes". The lease basically just "rolls over" or continues. Everything stays the same. Even if it is still not his legal address, he still has to pay. You could set up at another address, you still have to pay at the old one until both of you give notice or LL gives notice.

 

[Isis1]

What you are asking if he is still liable for the lease since it ended and turn into a month-to-month. The answer is "yes". The lease basically just "rolls over" or continues. Everything stays the same. Even if it is still not his legal address, he still has to pay. You could set up at another address, you still have to pay at the old one until both of you give notice or LL gives notice.

i didn't know that! thank you for clarifying.