This Week's Question

January 31, 2005

By Nena Groskind

Q:   The couple to whom we rent our home has separated and the wife has obtained a court order barring her husband from the dwelling. Under these circumstances, who is responsible for paying the rent? And if the rent isn't paid, can the wife still be evicted?

A:   The husband and wife may have agreed on who would be responsible for paying the rent, or the court may have ordered one or the other of them to assume that obligations. But their dispute shouldn't affect the requirements of your lease or rental agreement. The rent still has to be paid and if it isn't, even if it is the estranged husband who is supposed to be writing the check, you would be within your rights in initiating eviction proceedings against your tenant. As a practical matter, however, a court is likely to move slowly in a case such as this, and, as a result, you may find yourself trapped in the middle of a prolonged and difficult proceeding.