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my boyfriend of three years and i moved into our new apartment in october. he moved out the first week of november leaving me to pay the rent by myself (nevermind our two kids!) Now sonce he signed the lease, i have heard he is still responsible for half the total amount? any ideas? how to go about getting the money?

2006-11-30 04:19:41 · 9 answers · asked by brandienay 2 in Business & Finance Renting & Real Estate

9 answers

you pay the full amount and sue him for breach of contract and hit him up for child support and personal distress...

2006-11-30 04:24:13 · answer #1 · answered by TheDemented1 1 · 1 1

Most leases are written as "jointly and severally liable" which means the management will go after one or both of you to fulfill the lease terms. This also means after any co-signers to the lease if there are any. Really, the management doesn't care who it comes from provided they get paid.

As far as you getting paid back, yes, he is still responsible for his portion of the agreement. Depending on the amount of your rent however, his half may exceed the dollar amount you can sue for in small claims. Also, depending on the state you live in, you may have a responsibility to try to find a replacement in the lease in a "reasonable" amount of time. It may not apply to you since you have kids, or do not have an empty room. Each state is different in the laws of housing. Good luck to you! What a jerk!

2006-11-30 10:29:14 · answer #2 · answered by merk 2 · 0 0

There is usually a lease breakage fee (equal to at least one month's rent) that someone has to pay for breaking a lease. He would be responsible to pay that fee to the apartment complex since he signed the lease. However, once he pays the breakage fee he is not resposible for his half of the rent after that.

Have you considered moving the kids in a room together and moving in a roommate? Also, if you can move to a smaller apartment, you can weigh the cost of the breakage fee for your lease against the savings per month to see if it is worth it. For example:

Months left until lease ends - 10

Cost for current apartment/month = $1000
Total cost until lease is up - $10,000

Cost for smaller apartment - $700
(have to sign a full 12-month lease) = 12
Cost to break old lease - $1000
Total cost until lease is up - $9400

In this scenario, it would be in your best interest to move to a smaller apartment if you could pull it off. In fact, sometimes if you move to a smaller apartment in the same complex they do not charge you a breakage fee (just a smaller fee, sometimes $150 or $200) and they will still let your lease end when it would have originally.

Good luck! Your best bet would be to move someone else in (if you have a good friend you trust w/ the kids) until your lease is up, then move to a smaller place.

2006-11-30 06:44:55 · answer #3 · answered by duritzgirl4 5 · 0 0

Since both of you signed the lease, you are both responsible for paying the entire rent, as a group and as individuals. The whole half responsible is a fallacy. As far as the lease goes, you are responsible for the entire rent, just as he is responsible for the entire rent. The landlord doesn't care who pays the rent as long as the rent is paid.

As far as getting money from your ex, that I think is going to be very difficult. Your best bet is to consult with an attorney.

2006-11-30 04:44:50 · answer #4 · answered by AJ 7 · 0 0

He is still liable for his part unless there was a legit reason for him leaving. It is considered breech of contract by him leaving before the end of the lease. File a claim in small claims court. Make sure you have copy of the lease with his signature, when he moved in and when he moved out. Make sure you add up what he owes and why. have proof of that too. Be sure to include cost costs and filing fees in the amount you are suing for.

2006-11-30 04:24:50 · answer #5 · answered by bubbles_grandpa 3 · 0 0

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2016-12-10 19:06:55 · answer #6 · answered by ? 4 · 0 0

If you don't want to be evicted then you are still responsible to pay the full rent on your own. I think you may have a case for small claims court or divorce court to get the half that he was responsible for.

2006-11-30 04:46:11 · answer #7 · answered by Anonymous · 0 0

Most of he time yes, it all depends on the agreement you signed. On most leases the remaining lessees are responsible. You could take him to small claims Court to get him to pay but the landlord isn't going to care, all he cares about is the cash being on time.

2006-11-30 04:23:58 · answer #8 · answered by Johnnnnnnnnnnnnnnnnnnnnnnnnnnnnn 2 · 1 0

Yes. That is why landlords like to one lease for the premises regardless of no. of tenants rather than an agmt per tenant.

You would be responsible for getting him to pay his share. As far as the landlord is concerned that is not his problem.

2006-11-30 05:40:55 · answer #9 · answered by boston857 5 · 0 0

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