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Geronimo5 | I have a question about landlord's rights? Our tenants moved in almost two years ago. A married couple with a |
child and one on the way. They have problems getting along,and he has moved out for the second time, supposedly this time for good, according to the wife. She has a fairly new job,and does not make that much money. She says the husband signed a lease somewhere else. We are worried that she will not be able to afford the rent, but she really likes the apartment,and apparently wants to stay. We live in the other side of the apartment (duplex), and own the house ,and will be in financial trouble if she can't pay. Is there anything we can do? |
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m. p
 |
You cant do anything until she doesnt come up with the rent, however you should explain to her that you need her rent money to cover the mortgage and you have to have it on time.
Was his name on the lease, if it was he is still liable if push comes to shove. |
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Crys H.
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You can't evict her because of marital problems. All you can do is sue her if she doesn't pay. The only way you could do something now is if he were the only person to sign the lease. |
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Maria
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Not until she starts missing payments. |
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sylviavnpttn
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Your putting the cart before the carriage. Let the tenant alone- she may have some help from family and at this point you are waving red flags without any justification. Wait and see what happens |
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Molly
 |
Yes. I'm sure the husband's name is on the lease too.
Just because he signed another lease doesn't make his lease with you void.
You can still bill him for the rent. Ask the wife if she will have the money for the rent. If she's having problems doing that, you should give her 2 weeks notice to relocate. Then, she can take it up with her husband peacefully or in court. |
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Kamunyak
 |
Well if she cannot pay the rent you have the right to evict her. |
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DieNarrin
|
Generally, if both signed the lease they are both jointly and severably liable for the rent on the unit. So if she is unable to pay the rent you could sue the husband.
However, this will not obviously help you pay your mortgage.
You will need to check with your state and local laws on when and how you can evict if that situation should arise.
Good luck |
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silent*scream
 |
You can evict her and re-rent and sue her and her husband for the rent not paid and whatever money you loose until you find a new tenant. Or you can keep the lines of communication open and work something out. |
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stanagirl
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If she can't pay, you can evict her. |
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artist9120
|
Well, If they signed the lease together technically he is just as responcible for the place as she is (unless you allowed them to sign him off the lease and If she cannot qualify on her own for the rent) and if she cannot pay rent and you have to start eviction processes, then you should evict them both. Just rememeber to include both names on the notice. |
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Wayne H
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Best thing to do is consult a lawyer. I beleive in most states they need to be missing payments. It can take 3 months or more to actually evict some one legally. |
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pintobns
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Not unless she defaults on her responsibilities as the tennant. Question...did she or her hubby sign the lease? If he did and she did not, you'll want her to sign a new lease (maybe a 6 month lease or month to month, as opposed to yrs; that way if there's a payment problem, you will have an out.). I know you're worried about her not being able to pay, but you can't kick her out on the assumption she can't. She'll either figure out a way to pay it or go look for a cheaper place, but you have to give her a chance. |
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