Do we need to inform the husband about the December rent payment?

Full question:

A married couple signed a two year lease from us (University Vista Homes, LLC). In addition they also signed an option to purchase the property. They can exercise the option to purchase within a 10 year period. Six months into the lease we received a call from the husband stating that there is a restraining order against his wife and his 18 year old stepson, who lives with them, due to domestic violence. We obtained a copy of the restraining order, which limits communication between the defendant (wife and step son) and plaintiff (husband) indicating that contact is only allowed through attorneys, legal process or court hearings. It is understood that there should be no contact between plaintiff and defendant through us because we are a non legal third party. They have both told us that they will be getting a divorce. The defendant is on the property and changed the locks (he gave us a copy of the key). Both husband and wife want to keep the property. (one does not know what the other is doing) For the month of December we received full payment from the wife. The husband is not aware that full payment has been made and has indicated that he will be paying the full amount this week. Is it our legal obligation to tell him that the full amount has been paid for December? Or do we wait for him to pay and credit it to the next month? We know that they are short on money and suspect that whoever is awarded to keep the house will need to get a roommate in order to make rent in the future. How should we proceed and what obligation do we have to disclose information about the property?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Arizona

Answer:

It could be considered fraudulent to accept a rent payment from the husband if he believes it is for December and you do not inform him that the rent for that month has already been paid. For any payment to be accepted, both parties need to agree on how it will be applied. Honesty is crucial in this situation.

Fraud involves intentionally misrepresenting facts or failing to disclose important information, which can mislead others. To establish fraud, it must be shown that the misrepresentation or omission was made knowingly, and that the other party relied on it to their detriment.

In this case, if you do not inform the husband that December's rent has been paid, it could lead to misunderstandings and potential legal issues. Ultimately, the court in the divorce case will determine who is responsible for the rent and who can keep the property.