One reality about marriage is that there is never a guarantee that it will end well. Relationships take a lot of work. It is not as smooth sailing as the ones we see in fairy tales growing up.

There are a variety of reasons why many marriages end in divorce. Many factors are at play: compatibility, finances, loyalty, intimacy, etc. Divorces can get ugly, especially in cases involving domestic violence or other crimes.

Regardless of the reason, going through a divorce is difficult and stressful for the couple – financially and emotionally. However, it can affect the people around them as well. For instance, if the couple is renting a place, their landlord is also affected by the divorce. Maybe not in an emotional way, but more about the business.

As a landlord to the couple, you may feel sorry for the couple and empathize with them. You may have built a personal relationship with them, especially if they have been your tenants for a long time. However, you still need to navigate through their situation so that it does not affect your business.

There is a high chance that the divorcing tenants will no longer live together. That means it can affect their lease.

Here are a few things a landlord may have to deal with and what are the ways to approach them.

Rent Payments

Since one of them would probably have to move out even though both of them signed the lease, the first question a landlord would have is: who will pay the rent?

The lease agreement the couple signed would continue to stand for the remainder of the lease regardless of where their marital relationship is heading. That is a clear fact. That means both of them are still liable to pay their share of the rent.

There are usually two common ways that the couple would deal with their lease. One thing they might request from you is to have a signed addendum to the lease agreement that would re-assign rent responsibility. The other option is to sign a new lease that no longer includes one of the couples.

Before allowing such changes in the agreement, it would be wise for a landlord to consult a lawyer to discuss the best option. As a landlord, you have the right to approve changes in the lease agreement.

An addendum that releases one party from the responsibility of paying rent may be a more convenient option. However, it would put the landlord at a high risk of receiving incomplete rent payments or non-payment.

Access to the Property

Both parties maintain full legal access to the property throughout the remainder of their lease as long as the lease agreement they signed when they were still married is still intact. If the landlord decides to change locks, both parties should receive thier own new set of keys.

However, there are three instances where this doesn’t apply. First, if an updated lease is drafted and signed. Second, if there’s a lease addendum made. And lastly, if there’s a restraining order involved in the proceedings.

Renter Qualifications

When a married couple applies for tenancy, both their incomes are typically taken into account to see if they meet the income requirements. For divorcing couples, one may not be able to afford the rent without the other.

If one of them decides to keep the lease, it’s better to draft a new agreement that requires a co-signer. It’s a form of protection for you and your tenant from default payments and eviction, respectively.

You could also deny the lone tenant a new lease if the lease they signed as a couple is about to expire. A vacancy would mean a loss of income opportunity but it might be better than dealing with the damage of your tenant’s failed marriage.

The good news is, you could always fill that vacancy. When you or your rental agent publishes a listing on platforms like Padleads, you could receive tenant applications quicker because you can syndicate your listing to other popular websites.

Landlording may not always be a walk in the park, but there are many ways to navigate through difficult situations without too much struggle.