We rented a home about 6 months ago, and he decieded he was tired of the family life and wants to move on. So he is leaving us penniless and with no available income. He is only thinking about himself and not about where the kids and I will be going. He is trying to rent the house to some other people, out from underneath me so he can get his name off the lease. Since both of our names are on the lease, doesnt he have to have my permission or dont I have to say I want out of the lease also. Can he just get someone else in here and have the management company hand me an eviction notice when hes through. Thank you for taking the time to read my question. I am trying to rent out a room the master at the moment so that the kids and I have a place to stay but its taking a while.
2007-11-23 14:37:20 · 4 answers · asked by aalshafi 1 in Business & Finance ➔ Renting & Real Estate
We are only seperated at the moment as I do not have the money to file yet.
2007-11-23 14:39:51 · update #1
I'm quite sure your contract with your landlord has a provision regarding subletting -- which is what your soon-to-be-ex is trying to do. Most landlords do not permit it, or only permit it with specific permission. If you are still staying in the house, please check the lease, because there may be some rules in it about who is allowed to stay in the house -- i.e., you may not be able to rent to someone not on the lease.
Read your contract, then talk to your landlord and explain what is happening, and see what can be done.
2007-11-23 14:48:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
What your husband is doing is illegal.
Makes sure that your landlord knows what he is doing and that you do not agree.
If you have little or no income get yourself out to your local welfare office and start the process of filing for assistance this may keep you from getting evicted for non payment. You next need to get in touch with legal aid for a free or low cost attorney and file for temporary custody and child support. You say you cannot afford an attorney, what you really cannot afford is not to have an attorney at this point.
The next thing you need to do is get a good job or get into school. Welfare will help you through this tough period but do not let yourself get sucked in. Look at this as a new beginning and make a new life for yourself and your children.
Husbands and fathers do not get to just walk away. He needs to pay child support so his children will have a place to live.
2007-11-24 06:51:01 · answer #2 · answered by ebosgramma 5 · 0⤊ 0⤋
Since you're both on the lease you are BOTH liable for the remaining term of the lease. If he walks out he can NOT place another tenant in the unit unless YOU also agree to vacate the premises. There are 3 parties to the lease -- you, your husband and the landlord. Unless all 3 agree to dissolve the lease, it stands as agreed. (And the landlord will NOT get involved in your domestic problems. If your husband shows up with a "replacement" tenant and you're still in the unit, the LL will tell him to pound sand -- and pay the rent.)
But to be honest, you need a lawyer and you need one NOW. Do NOT delay. You can't afford NOT to have legal advice and representation in this matter. You may or may not be entitled to spousal support, but the kids are DAMN SURE entitled to child support. And you damn sure need to hold him accountable for his portion of the lease.
2007-11-24 00:06:30 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 1⤋
In theory, if both of you are on the lease, you should both have to agree to breaking it.
My suggestion would be that you call your property management company and discuss what's going on with them. If you can afford to rent the property on your own and want to stay, it might be as simple as you (and him) telling them to take his name off the lease.
You might also want to check into tenants rights for your state - if your name is also on the lease, oyu have every right to all tenant's rights. So, for example, even if the landlord is somehow favorful to your ex, they still have to follow tenant's rights - and if tenant's rights in your state say they need to give you a 30 day eviction notice, they need to follow that.
Bottom line - you did well putting your name on the lease and you are well within your right of disputing any and all showings and legal actions ,especially if you can continue paying for it.
2007-11-23 22:48:50 · answer #4 · answered by fawlnangyl 2 · 0⤊ 0⤋