Tenants splitting, involving the landlord

[Concerned Landlord]

What is the name of your state? California
A married couple has been renting our property for a couple of years. They were good tenants, but recently we learned that the wife does not live there anymore. They are divorcing, and the wife asked to be removed from the lease. We did so, made a new lease with the husband, and she signed a release. Now she wants some of her belongings that still are at the property, but he doesn't let her in (actually he changed the locks, not sure if before or after the new lease was signed). She called us, the landlords, and said that she went to police, and the police told her that they can't get her into the property. But police told her that if we write a letter authorizing her to get in the rental to withdraw her belongings, then the police would do it. Is this true??? She is not in the lease anymore, and she agreed with the lease change. On the other hand, now she says that the husband kicked her out, and that he was abusive. And to add more problems, he stopped paying the rent a month ago, so we should start eviction.
I think we should not get involved at all, and that she should try to solve the problem in the court, but are we legally or morally obligated to give her a letter authorizing her to go in the property?
Any opinion will be appreciated.

 

[Zigner]

You should NOT let this non-tenant in to the unit.

 

[xylene]

You did this woman an enormous favor already, and were a fool to do that.

Do not allow her entry.

 

[STEPHAN]

They are divorcing, and the wife asked to be removed from the lease. We did so, made a new lease with the husband, and she signed a release.

Why did you do that?

 

[LdiJ]

I agree with everyone else. However, one thing that you could do, that might be the morally right thing to do, is warn her when the day comes that he is put out of the home (if its necessary to put him out) so that she can try to get her belongings then. Or, if he leaves voluntarily, and doesn't take her things with him, let her retrieve them once he is gone.

 

[Zigner]

I agree with everyone else. However, one thing that you could do, that might be the morally right thing to do, is warn her when the day comes that he is put out of the home (if its necessary to put him out) so that she can try to get her belongings then. Or, if he leaves voluntarily, and doesn't take her things with him, let her retrieve them once he is gone.

I absolutely disagree with this. First and foremost, the LL should NOT be putting himself in the middle of the tenants' domestic squabble. Second, the LL cannot simply give away items that have been left in the unit once the tenant vacates. Well, I guess he can...and then he can be on the receiving end of a lawsuit.

 

[LdiJ]

I absolutely disagree with this. First and foremost, the LL should NOT be putting himself in the middle of the tenants' domestic squabble. Second, the LL cannot simply give away items that have been left in the unit once the tenant vacates. Well, I guess he can...and then he can be on the receiving end of a lawsuit.

I see your point about simply giving her things from the house if the guy moves out voluntarily. However, he could give the guy proper notice to get them out and if the guy doesn't he can let her have them then.

Also, there is nothing wrong at all with warning her that the police were going to remove him on X date, so that she had the opportunity to pick up her things from the curb.

 

[Zigner]

I see your point about simply giving her things from the house if the guy moves out voluntarily. However, he could give the guy proper notice to get them out and if the guy doesn't he can let her have them then.

Have you verified that based on the appropriate state law?

Also, there is nothing wrong at all with warning her that the police were going to remove him on X date, so that she had the opportunity to pick up her things from the curb.

Why would the LL want to insert himself in to the domestic squabbles of others?

 

[LdiJ]

Have you verified that based on the appropriate state law?

He has to follow the procedure for his state. Once he has followed that procedure, then he is free to dispose of the stuff. Disposing of the stuff could be letting someone else have it in exchange for moving it out of the house. You wouldn't quibble if he hired someone to move it out of the house and take it to the dump.

Why would the LL want to insert himself in to the domestic squabbles of others?

You and I have different opinions of what constitutes inserting oneself in other people's domestic squabbles. What you see as inserting himself in a domestic squabble I see as an act of kindness that doesn't hurt the OP in any way.

 

[Zigner]

You and I have different opinions of what constitutes inserting oneself in other people's domestic squabbles. What you see as inserting himself in a domestic squabble I see as an act of kindness that doesn't hurt the OP in any way.

Oh, it certainly can "hurt" the OP - domestic situations are some of the most volatile out there. The OP doesn't need to make himself any more of an "enemy" to the tenant than he already will be.

 

[FarmerJ]

When her husband signed a new lease with her blessing remind her she lost all rights as a tenant to access the house or the ability to remove her property. With a new lease and the LL having to take his new tenant to court what I also am wondering is if the LL properly addressed the damage deposit disposition and last when the LL takes this new tenant to court the LL also has to follow state laws pertaining to disposing of anything left behind SO LL as soon as you are able , once you have taken the new tenant to court plan on doing a video inventory of every thing left in the house for your records.

 

[Gail in Georgia]

Keep your dealings with the TENANT (not the ex-wife) professional. He is not paying the rent. Continue with the process of eviction which can be difficult enough in your state. Don't get into the mess with what the ex-wife wants from the rental unit. It's not your place legally or morally to do so.

Gail