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Landlord question.

Posted on 4/8/24 at 9:09 pm
Posted by rpg37
Ocean Springs, MS
Member since Sep 2008
47402 posts
Posted on 4/8/24 at 9:09 pm
I have a rental in which a married couple is on the original lease. The married couple is separating and the mother cannot afford to meet the original requirements of the lease standards when they orginally signed (three times gross income to rent price). What would be the procedure as renewal is coming up now? Am I correct in thinking I should require the tenant(s) to re-sign the lease and if only one does require the proof of income?
Posted by geauxnc0308
pineywoods of ET
Member since May 2008
536 posts
Posted on 4/9/24 at 6:13 am to
Yep. Sorry about your divorce but if you don’t have proof of income that meets my requirements peace out. Your original lease probably (or should) have language about going month to month after end of original term and 30 days notice is required before termination etc. If so make sure to send that letter 30 days before end of original end of term so you can legally boot them asap.

Hopefully this rental is not in some liberal arse state and hopefully there are no babies involved, or you could find yourself SOL
Posted by rpg37
Ocean Springs, MS
Member since Sep 2008
47402 posts
Posted on 4/9/24 at 7:40 am to
So far the mother has been able to continue paying rent on her own, but I don't see how it's sustainable on her income in the school district. Without me flat out asking, what procedure would you have? I suppose sending her an extension requesting both tenants to sign again would be the out I have and when she says her husband won't sign I require the proof of income?
Posted by LSU1018
Baton Rouge
Member since Feb 2007
7218 posts
Posted on 4/9/24 at 7:54 am to
What about making it a month to month lease? If she’s a good tenant and paying on time, you don’t really care where she’s getting the money.
Posted by UpstairsComputer
Prairieville
Member since Jan 2017
1568 posts
Posted on 4/9/24 at 8:03 am to
quote:

What about making it a month to month lease?


This. No sense in locking her in unless you plan on upping the rent. If she's paying on time, this is something to worry about when she misses a payment or is late a couple times... Thing is nobody in this situation is hiring an attorney to fight you kicking them out if you give enough notice. Why mess up something that is working? Tenants are a crapshoot.
Posted by Weekend Warrior79
Member since Aug 2014
16340 posts
Posted on 4/9/24 at 8:38 am to
quote:

So far the mother has been able to continue paying rent on her own, but I don't see how it's sustainable on her income in the school district.

Child support and/or alimony?

Have you spoken to her to figure out her long term plan? It very well could be a situation where she’s just trying to get through the school year
Posted by Jag_Warrior
Virginia
Member since May 2015
4083 posts
Posted on 4/9/24 at 9:11 am to
quote:

So far the mother has been able to continue paying rent on her own, but I don't see how it's sustainable on her income in the school district.


Maybe I’m not understanding your question in the OP. With your concern noted in the above statement, why are you even considering an extension? Unless you’ve offered the tenant sole ability to extend (which would be nonstandard), you should be able to provide notice that you’re not extending her tenancy and you both move on. Having a long, drawn out discussion about why is not necessary.

It should be your call (without painting yourself into a corner), but as I said, I may be missing something here.
Posted by rpg37
Ocean Springs, MS
Member since Sep 2008
47402 posts
Posted on 4/9/24 at 1:19 pm to
In the OP, I put out there that in the original lease it shows both she and her husband as tenants. If the husband is officially out, I thought by issuing the extension would force her to only sign her own name and him being off...in which case, I could legally require her to provide the proof of income needed, again.
Posted by Kramer26
St. George, LA
Member since Jan 2005
6404 posts
Posted on 4/9/24 at 1:41 pm to
Why would you want to boot her if she is paying on time?
Posted by ItzMe1972
Member since Dec 2013
9788 posts
Posted on 4/9/24 at 2:24 pm to
Talk to her and find out her plans going forward.

Does she plan on moving? Does she need a month to month extension until she finds a place.

Or will she have additional income as mentioned in previous post (alimony/child support)?



This post was edited on 4/9/24 at 2:25 pm
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65559 posts
Posted on 4/9/24 at 2:52 pm to
quote:

What about making it a month to month lease? If she’s a good tenant and paying on time, you don’t really care where she’s getting the money.
This

Pics of the mom, based on them potentially she could develop an alternate revenue stream....
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