Tenants fighting & one moves out - what do I do?

I'm a new landlord (1 year now) and am coming across my first situation like the one I'm about to subscribe. So please treat me with kid gloves!

I signed a one(1) year lease with a man and his wife. Evidently they got into a fight which left her in the hospital and now she's moving out, etc.

My lease has both of them listed which means both are responsible the remainder of the rent for the term of the lease. She is leaving but the husband is deciding to stay but is having trouble paying the rent.

What should I do? (I know, call my lawyer, but what to start with?)

That is an unfortunate situation. I believe that the wife is still 100% responsible for payment on the lease, especially since they are married and not just a roommate situation. If you gave them a 3-day pay rent or vacate and followed through with eviction, then it would go against both of them because they are both still on the lease.

Guarantees should have been based on the unit, not on a room-mate situation which is always susceptible to volatility and change. For example, many student housing units are structured around parental guarantees, as an assurance of an apartment’s budgeted income in the event that a room-mate leaves prior to the end of their academic/ lease year commitment. In conventional housing, leases that on occasion will list two or more room-mates, deposits and guarantees need to be structured accordingly so as to avoid significant gaps within your rent roll.

How far into the lease are the tenants? Sometimes, it's easier to cut your loses, negotiate a move out with the existing tenant, and lease the property. Any eviction process will cost you and you have no guarantee of a positive judgement.

If that doesn't work, you can follow through with the eviction.

Rent is for the unit and not a per-person agreement. Send 3, 5 or 7 day notice. . .what ever your state requires. After that, move forward with eviction. Because they both signed lease, they are both responsible. If it goes to eviction, it will be on her credit as well. Good luck. These are always tough situations.

Thanks to everyone for their tips & suggestions! Since I've yet to receive payment this month I've went ahead and posted a cure or quit notice (3 days in Iowa). I've done this unofficially as I'm required to actually serve them or use the proper mailing techniques (1 standard mail, 1 door posting, 1 certified mailing) in the hopes that they at least pay for this month.

I believe one of them is deciding to stay and the other wants to get off the lease. Since the one wanting to stay doesn't have a job and unreliable income otherwise I think I might try to just cut my losses and find a new tenant. We'll see what happens over the next few days.

If anyone cares I can post updates on the situation. Let me know if you are.

Definitely! Let us know the results. Good luck!

Check with your attorney...some states and HUD offices pretty protective of victims of spousal abuse!

I have an update to the situation and a question:

1. Update: The tenants have both agreed that they cannot come up with the money to pay the rent and fees for the month and so will not pay anything.

The wife has gained entry and removed all of her things and left a huge mess. The husband, according to the restraining order, cannot enter the property until the 16th.

Both parties were interested in signing a statement indicating they will cancel the lease with me and pay a penalty of 2 months plus this months in rent.

2. Question: So my question(s) are as follows:

A: If I can get the tenants to sign the agreement to be out by the 18th and cancel the agreement for that date do I still have to do an F.E.D or other eviction paperwork with the govt?

B: If they do sign and their stuff is still there on the 18th do I consider it abandoned and just toss it or do I then have to get an F.E.D to remove their property?

C: How would this work with their security deposit? If we all agree to cancel the lease do I still owe them the deposit or can I keep it as partial payment for the rent after subtracting any damages / repairs to the unit?

3. Thoughts: My biggest concern is getting them out as quickly as possible so I can get it cleaned up and rented again. The money they owe me will probably need to be done in payments over 6 months or so which I'm willing to do just to get them out and worse case I end up in small claims anyway to reclaim that money.

What do you think?

Another update:

Husband came down, removed all of this property (the stuff he wanted anyway), and gave me the two keys. I called the wife and she said they took everything of hers (so they say) and now I'm left with two beds, three dressers, clothes, table, and other stuff.

My question is now... since neither want to claim the property remaining in the unit and the keys have been returned (except for any they may have created on their own), what am I to do?

If they both verbally agreed that they don't want the remaining property, and I have the keys, is it in my rights to throw all their junk out so I can get it leased again or will the law prevent me from doing this until an official eviction occurs?

What to do?

First I would post a Notice of Abandonment on their door. Especially before you disgard any of their personal belongings, like their clothes. Then I would look at your lease. In Texas if one of the residents was abused by the other, I am obligated to release them from the contract if they ask (I'm not sure but I think they are still responsible for a 30 day notice to vacate.) But since the husband has a restraining order against him , I'm going to assume that she was abused and pressed charges. She may be able to break her lease with no real penalties to her rental history or re-letting fees. But I would absolutely scan through your lease and see if abuse is mentioned anywhere in it.

It is best to check with a lawyer on this. Different states have different laws. Some states the apartment is yours after the keys are turned in, you can go in and clean out the unit. Other states, keys or no keys, you have to store the items for 15 to 30 days after move out.
I am sorry you are having a bad experience as a new landlord. Most residents are good, responsible folks.

This an update for those that expressed interest.

I ended up having to do the official eviction and went to court. The judge found in my favor and gave me immediate access to the unit and possession of all property within it as one tenant (wife) was a no-show and the other was in jail (for violating the restraining order) and he appeared in chains LOL.

He said he didn't care about the property remaining and so the judge gave me it all. I dontated most of it and tossed the rest that wasn't taken.

I have cleaned the apartment, remodeled the bathroom, and got a new tenant in there. I have a court date pending for them having broken the lease and some damage to the unit.

Thanks to everyone who responded to this post!

Hi Joshua,
I am happy that things turned out this well. Not all residents wil give you this much trouble! Mos of us are pretty cool folks! Great learning experience for your first year as a Landlord!!
Best wishes!

This is the third tenant I've put into this same unit in a year! Must be an unlucky unit as the first one was a horder and then these people. Hopefully this third tenant (selected very carefully) will be much better.

My rule of thumb in all fairness. I give 2 months warning to have all rent paid up (whether they decide to move out or find another room mate) or an eviction notice. If circumstances leave someone unable to pay their rent on their own; then they need to find a new place which they can afford. Re-rent.

They have both relinquished the keys to you, the place is now free for you to do what ever it is you need to do to get it ready to rent again.

There is a new domestic abuse law, which I'm fairly positive is federal. Keep this in mind for future issues.
For junking out things left behind = charge them. We have reduced the number of items left behind by telling them they will be charged for the removal.
Try to get all early vacates in writing. Then when they give you the keys you can enter freely, depending on idividual state laws.

Man and woman signed the lease for one year.
Man abused the woman and was put in jail. Released two days later. She has a restraining order against him.
Woman wants to terminate the lease, we as landlords don't object.
She is removing her stuff from the apt , apparently he has removed his.
The man is no longer in contact with landlord.

Question: can landlord proceed with early termination dealing only with the woman?
We don't want to have problems later with the man who could allege he never authorized termination of the lease.

Thanks for your comments

VAWA (Violence Against Women Act) protects women who are in an abusive relationship from enduring further dangerous conditions. However, there are some provisions a woman must make before being released from her rental obligation. She needs to get an Order of Protection and bring the copy to the office for her file. And, she must put into writing a request to be released from the lease. The property cannot necessarily banish the male leaseholder from the property since he still retains his lease.

As a landlord, I suggest you make all attempts to contact the male leaseholder by certified letter, any emergency contact address listed, email, phone, etc. and inform him that he is still obligated to the rental contract. You can tell him you intend to declare the unit to be abandoned within 48-72 hours (or whatever your company policy is) and that all remaining valuables will be held for 30-days. You can then, also, to be fully compliant, go through the eviction process so you can legally gain possession and change the locks. Since the woman theoretically satisfied her obligation to fulfill your policies, she is released free and clear and owes you nothing - if you released her from the lease.

Please consult your property's lawyer.