[RPPTL LandTen] Residential lease with divorcing landlords

[Law Offices of Scott A. Frank]

Here's the situation:  Landlord is listed on lease as Bob and Sara Smith.
Tenant has always made checks payable to "Bob and Sara Smith" and mailed
them.  Earlier this month, Bob brought the uncashed May rent check to the
house and asked for a replacement check.  He told the tenant that Bob and
Sara were divorcing, and that the house was staying with Bob.  He showed the
tenant a recorded quitclaim deed from Sara to Bob.  He also told the tenant
that Sara had left the country to go home.  With the deed as evidence, the
tenant wrote the check to Bob alone.   The next week, Sara came to the house
screaming for her rent.  The tenant told her he had paid Bob.  She did not
accept the explanation (although there is a language issue as well, so I
cannot guaranty how much she understood).  She came back 2 days later
screaming again.

 

Tenant is now nervous that she may try to serve a three-day notice.  If and
when she does, I know that the obvious defense is one of payment, but I
would like to hear from some of the residential eviction pros out there as
to how strong the tenant's defense will be, or if you think she actually has
a shot at eviction if he doesn't pay the rent again.

 

And with respect to June rent, my inclination is to advise him to write the
check jointly, unless he receives written instructions from both of them
otherwise.  While I would not put it past the husband to forge the wife's
name, at least in that instance it would not be the tenant's problem.  Any
thoughts on that issue as well?

 

As always, thank you for your insight.

 

 

Scott A. Frank

Attorney at Law

LAW OFFICES OF SCOTT A. FRANK, P.A.

7781 NW Beacon Square Boulevard, Suite 102

Boca Raton, FL 33487

p:  (561) 372-7860

f:  (561) 423-5721 

 <mailto:sfrank at saflaw.com> sfrank at saflaw.com

 <http://www.saflaw.com/> www.saflaw.com

 

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