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Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33518
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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My married tenants who both signed the lease are separating.

Customer Question

my married tenants who both signed the lease are separating. they have each been paying half the rent each month. He is moving out and she is taking over the full rent payment. How should I cover this (in writing) to avoid being caught in the middle. I am in Texas.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren. a licensed attorney, and I look forward to assisting you.

As a legal issue, there is no obligation that you release the parties and you can insist on them both remaining liable for the rent remaining on the lease term. You are not a party to the divorce.

If you wish to release the husband and just have the wife as the only tenant I would suggest you and the couple execute a release of tenancy for the husband and enter into a new lease with only the wife.

Expert:  Loren replied 11 months ago.

Remember, though, you have no obligation to release anyone from the tenancy.

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