Legal Question in Landlord & Tenant Law in Nebraska

Terminate Lease

I have tenants who are getting divorced. They are two months into a year lease. The husband would like to stay in the apartment. Can he and I just sign a new lease taking his wife off the lease? If so what paperwork do I need? Just a new lease or do I need them both to sign something?

What about her share of the deposit?


Asked on 9/07/07, 4:12 pm

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: Terminate Lease

Both husband and wife have an undivided property interest in the lease. That means each party has both obligations and rights under the lease. You can waive the obligations, but each of them need to release their rights. It would be safer to use an attorney to draft the paperwork to make sure it is legally sufficient to protect you from a future claim. Generally the cost of the attorney would be paid by the person seeking to change the lease, in this case the husband.

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Answered on 9/07/07, 5:34 pm


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