As the owner of the property, you should focus on the application of the lease. While tenants are going through difficult changes in life, they may try to win you over to help them in personal matters that go beyond your ordinary schedule. For this reason, maintaining a certain level of professionalism and setting clear boundaries are part of the effective management of a property. Do not allow your personal feelings to allow you to be dragged into court by favouring one tenant over another. In addition to communicating with your tenants and enforcing the rental agreement, it is best not to enter into your client`s divorce. When you first checked and qualified the couple before signing the lease, you probably looked at their combined income to determine their ability to pay the monthly rent. But the rest may not be able to pay alone. If you issue a new rental agreement and discover that the tenant is not financially qualified to pay the rent, you may need a co-signer. The co-signer may be the outgoing tenant if he wants to. The co-signer would not have access rights to the property if he is not included in the lease as a client. When the term of the lease is over and the tenant does not meet your income criteria, you cannot renew the lease in most cases. Keeping your lease during the divorce is important. First, you are not responsible for the often excessive costs associated with breaking a lease.
If you move and find your own place while your spouse owns the previous rental property, you may be faced with the obligation to pay for your spouse for the duration of the lease. If you want to move, but want to be the one who retains the property in which your spouse resides, it may be less likely that the courts will reserve you such a residence. The court has yet to approve all agreements between the parties, especially when children are involved. Make sure that the sharing of ownership is fair and equitable for you and your spouse and that you feel that the arrangements are in their best interest for your children. This reduces the risk that the Court of Justice will reject your agreement. Not all leases are as simple as some might think. There are often small details that can easily be overlooked by people who have no experience in sharing property and don`t know exactly what to pay attention to. A family lawyer, who has experience in sharing property during divorce, can help navigate the leases and facilitate the transition from ownership to a spouse. A family lawyer can help facilitate the transfer of property and commemorate them in the divorce decree. If you are concerned about the impact of a divorce on your lease of leased property that you share with your spouse, whether it is in common or only on behalf of a spouse, contact Scott J.
Stadler for more information on the potential outcome of these concerns. If you divorce during the lease, this is usually the best option to try to work together until your lease expires. If you can`t wait, ask the landlord to withdraw you from the lease. It can also allow you to sublet the unit or find another acceptable tenant who will take care of the rental contract. If he does not accept any of these offers, you can break your lease. But it can be expensive. Your landlord can be more cooperative if one of you decides to stay in the apartment and take over the rental contract itself.