My husband and I are going to be getting a divorce. He is moving out of our home to another place.The apartment that we currently rent is too expensive for me to pay for by myself, and I don't want to get into a roommate situation, as I have a 2-year old son. My question is, is there any sort of legal way to get out of the lease for this place, so I am not stuck paying out the remainder of the lease on a place I can't afford? Any other advice is certainly welcome, too!
2007-05-15 03:33:06 · 13 answers · asked by midweekmidmorning 1 in Family & Relationships ➔ Marriage & Divorce
If neither of you can afford the apartment on your own, and you need to break the lease, you and your husband should split the cost -- why would you have to take care of that cost yourself if you both lived there??
Generally, if you signed the lease, you are legally held to it unless the rentor is willing to make an exception. I would start by talking to your landlord/rental company. Do they have any other units that ARE in your price range? If so, they may let you just transfer your lease to the new place without any penalty. It never hurts to ask!
2007-05-15 03:41:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Leases are made to be broken. People move. They buy houses, they get transferred - and they get divorced.
This is something that you and your lawyer need to discuss. It will be negotiated in the divorce decree.
On your lawyer's advice, give some advance notice to the landlord about the divorce. Explain about the divorce and how you cannot afford the apt. on just your salary. It may cost you some money depending on how much time is left before the lease is up.
But discuss this with your lawyer first.
2007-05-15 03:40:02 · answer #2 · answered by Barbara B 7 · 1⤊ 0⤋
I don't know if you can legally break the lease without penalty but I am pretty sure that your soon to be ex husband is still responsible to help pay for the place as I would assume that his name is on the lease as well. As this is his son, he should be helping you to live with your child. I hope all works out for you.
2007-05-15 03:39:22 · answer #3 · answered by YouWishYouWereMe 5 · 0⤊ 0⤋
Honesty truly it is honesty..go to your landlord tell him the truth, show him court papers tel him you'd stay if things were different and not like this, then he should be kind enough to allow you to stop the lease if he takes you to court a Judge will see you went to him, you were honest and will tell that man otherwise, also he can not charge you the ful rest I belive it is only a few months worth because hs is able to rent it again make sure you clean it very well but first thing is first TALK with the landlord they would rather you be honesy then run away from a lease
2007-05-15 03:39:09 · answer #4 · answered by Gina 4 · 1⤊ 0⤋
you and your soon to be ex-husband are both responsible for the rent and what ever is left on the lease . so make him understand that unless he wants to ruin his credit he had better pay off the lease . that is serious stuff . If he wont do it willingly ask the judge in your divorce case to put that as a clause that he must pay off along with you what remains on the lease .
2007-05-15 04:04:25 · answer #5 · answered by Kate T. 7 · 0⤊ 0⤋
I had to break a lease once, in NY. My roommate was not on the lease, though, so she had no choice, she had to go.
I believe, when you both sign, that you are both responsible.
If he leaves, and you are still there, you get stuck.
If you don't pay, I think he has to pay all of it- but CHECK with your attorney for the rules in your town.
My dad co-signed my lease (I was in school), and even though he was not living there, he would have been responsible if the landlord had not let us out.
So, stick him with it, if you can.
2007-05-15 03:42:01 · answer #6 · answered by starryeyed 6 · 0⤊ 0⤋
They can sue for lost income. The income includes the cost of re renting the unit. If the unit is re rented with in 1 month then you only have to pay for re rental fees which include ads and other normal costs. The entire rent due until the lease is up usually does not apply because the owner has to try to rent the unit and you are only required to pay losses until the unit is rented
2016-04-01 02:14:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Alimony! That's all you can do. He can be made to pay you a certain amount of money each week or month. There is really no way to get out of the lease if it is in your name. If it is in his name you better get out of there too! He will be held liable to pay.
2007-05-15 03:41:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Whose name is on the lease, just yours or his, too?
You could talk to your landlord or your divorce lawyer or both, to see how this is handled. Maybe you could just sublet
to another person, or maybe your landlord will let you out.
2007-05-15 03:39:05 · answer #9 · answered by M S 7 · 0⤊ 0⤋
Talk to your landlord and let them know what is going on. IF your can find someone who can move in immediatly after you move out they may let you out of your lease.
2007-05-15 03:38:54 · answer #10 · answered by michelle r 4 · 1⤊ 0⤋