I have joint tenants. Both of their names are in the lease. The lady want to break the lease because she said the guy abused her. Do we have the obligation to force her to stay in the lease till the end of the lease or how does it work? I don't think he can afford it by himself. Please Need Help!!!
2007-12-02 19:00:17 · 5 answers · asked by tammy 1 in Business & Finance ➔ Renting & Real Estate
She is legally obligated to pay the lease according to the terms as is her boyfriend. If she moves out and quits paying you can try to get all the rent from him but you can take them both to court for the eviction and get a judgment against both of them then garnish pay of whichever you please.
Weather he can afford it alone isn't your problem, you aren't his friend or family. You might allow him to get a new roommate if they sign the lease too, or allow him to sublet.
2007-12-02 19:12:16 · answer #1 · answered by shipwreck 7 · 1⤊ 0⤋
Here is the thing: As cruel as it may sound, it's not your problem.
She has the right to go to the POLICE and file something with the court to release her from the rental obligation. Meanwhile she can go to a battered women's shelter until the situation is resolved or that of a friend.
You also have no idea if the abuse is actually taking place, or if that is just a line of crap she is feeding you.
If she CHOOSES not to do so, then that is her choice.
Here is what will happen: If you let her out of the lease, and the boyfriend doesn't have the income to pay the rent...and there is several months left on the lease...you CANNOT sue him for full lease obligation...you can only sue him for 50% of it if YOU allowed her to leave.
That means if you charge $1,000 per month in rent, he can legally stay there for the remainder of the lease for $500 per month..and there isn't anything you can do about it. You'll end up paying for their problem.
A court may order the ENTIRE lease terminated (with appropriate notice to the landlord), which will allow you to find another tenant. The court may order him to pay it...but that way they are paying for the expense to sort out the financial end of it...not you.
That is why you need to stay out of it and let them sort it out.
2007-12-03 04:49:59 · answer #2 · answered by Expert8675309 7 · 0⤊ 0⤋
You can let this woman off the lease with a simple modification to the lease agreement signed by all parties, but why on earth would you WANT to do that ? The woman CAN move out of the apartment any time she wants to. The lease doesn't FORCE her to stay there.
Meanwhile, if all parties agree to let her off the lease and she moves out, now you have a tenant who won't be able to pay the rent, so you will end up evicting him for non-payment.
I feel a Pity Party being organized here. The woman should not have signed a lease with an abusive boyfriend. If she did, that's HER problem, not yours.
2007-12-03 04:00:50 · answer #3 · answered by acermill 7 · 1⤊ 0⤋
If she is being abused than she can legally move out and be held responsible for the lease. She has the right to live in a safe environment and since she cant get that she has the right to leave.
Why would you want to put her through the pain of having to live with an abusive bf? Have you no heart and compassion for others?
2007-12-03 11:43:53 · answer #4 · answered by Whit 4 · 0⤊ 0⤋
she is just as finanically responsible for the lease as he is. and if they went to court or go to court, then that should be settled between them then..if not..take them both to court..dont feel sorry for anyone. she probably knew he was abusive.
2007-12-03 03:08:18 · answer #5 · answered by Anonymous · 0⤊ 1⤋