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  1. #1
    Join Date
    Jul 2011
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    7

    Default Joint Lease - Cheating Girlfriend Refuses to Move Out

    My question involves landlord-tenant law in the State of: Maryland

    My girlfriend and I signed a joint 1 year lease in July. The rent monthly is $3,000. We were both supposed to move in in Jul,y but she ended up extending her old lease and I moved in, which forced me to pay the entire rent for the apartment at the outset for 3 months. In September she moved in. We had discussed her paying a portion of but not exactly 1/2 of the rent because I made more money. She also told me she would pay for 1/2 of the utilities, cable, etc.

    In September she paid me $900, claiming that this was all she could afford. She refused to pay for any utilities, etc. saying she could not afford them. In October she paid me another $900, again saying the same thing.

    I write monthly checks to the landlord for the full amount. All of the utilities/cable, etc. are under my sole name and they are paid by direct checking. I have paid all the bills in their entirety because I did not want to deal with non-payment issues.

    Last week, I found out she was cheating on me. I told her I wanted her to move out immediately. She refused. I also offered to let her keep the apartment and told her I would move out immediately. Her response, go ahead, let the landlord sue me. I don't have anything. More likely he'll go after you because you have money and you signed the lease.

    So, now the first of the month is approaching. My girlfriend refuses to move out. And claims that she is going to continue paying me $900 a month (nothing else) to live there until she decides otherwise. She feels she is entitled to do this and says I cannot evict her because she is on the lease.

    What are my options? I want her out immediately.

  2. #2

    Default Re: Joint Lease - Cheating Girlfriend Refuses to Move Out

    If she's not on the lease with the landlord, then you are the only one liable to the landlord. You are effectively sub-leasing to her, making you her landlord. Without a written lease with her to the contrary, she's a month to month tenant and you can follow the Maryland eviction process to ask the court to issue an eviction order against her. But it isn't going to be an immediate process. See:

    http://www.courts.state.md.us/distri...dccv082br.html
    Catherine NeSmith
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  3. #3
    Join Date
    Sep 2005
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    74,012

    Default Re: Joint Lease - Cheating Girlfriend Refuses to Move Out

    Alas, she is on the lease. ("My girlfriend and I signed a joint 1 year lease in July.")

    There are no good options to make her leave. The landlord has no obligation to try to mediate issues relating to your break-up or who remains in residence, and has every right to simply collect the rent.

  4. #4

    Default Re: Joint Lease - Cheating Girlfriend Refuses to Move Out

    Quote Quoting Mr. Knowitall
    View Post
    Alas, she is on the lease. ("My girlfriend and I signed a joint 1 year lease in July.")
    AARDVARC <-----some days cannot read English, like today
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  5. #5
    Join Date
    Jul 2011
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    7

    Default Re: Joint Lease - Cheating Girlfriend Refuses to Move Out

    Yes, she is ON the lease. I understand the landlord ONLY wishes to ensure that he collects rent. I know he likely does not care where it comes from. And as the individual with the capital, I know he will hold me to the entire term. As he should.

    So what are my options? Surely, there has to be some sort of recourse.

    (1) I am aware that I cannot move out and stop paying rent. I will still be liable for the lease. Although, the landlord will have the duty to mitigate and find a new tenant. But I'll still on the hook and essentially paying double rent for a new place. And, who knows what will happen if the x-girlfriend refuses to move out. He won't be able to place a new tenant and I'll still be liable.

    (2) Ideally, I will stay and ride out the lease. But I don't want her there as well, especially if she is not paying rent or any utilities but just reaping the benefits. Is there anything I can do to require that she pay half the rent or utilities? In all likelihood she will stay as long as she wants and pay nothing. Then she will move when she pleases.

    There has to be a remedy for this? Nothing outside of continuing to pay for EVERYTHING and then trying to take her to court subsequently to get some of it back? She's got no assets and it will take a significant amount of time.

    The lease does not provide any other rights of termination that I can see. And landlord further disclaimer our right to terminate the lease for any reasons within our control or "Reasons beyond tenant control" (i.e. change of employment from area, unemployment, etc.).

    What about asking the landlord to redo the lease with just my name? Do I need her authorization?

    The only other thing I got was an email from her to the landlord asking him to remove her name from the lease back in August. When she decided she was going to stay in her current place. But then she decided to move in after. And the lease was never modified.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,007

    Default Re: Joint Lease - Cheating Girlfriend Refuses to Move Out

    What about asking the landlord to redo the lease with just my name?
    Not gonna happen.

    You are BOTH on the lease, and now you're stuck until the end of the lease contract, at which point you can sue her for damages, provided you can show the court that you had an agreement to pay equal shares.

    That she at one time asked to be removed from the lease is irrelevant. She moved in, the lease was never modified, the landlord has no obligation to go back and modify it now that she has moved in. Like it or not, she IS entitled to stay until the end of the lease.
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  7. #7
    Join Date
    Jul 2011
    Posts
    7

    Default Re: Joint Lease - Cheating Girlfriend Refuses to Move Out

    I told her I would pay for her moving expenses just to get her out and would assume full responsibility for the lease. She is now refusing to move out and refusing to pay rent. It is a two bedroom apartment. She has holed all of her stuff up in the master bedroom and makes use of the common areas however she pleases. This makes it impossible for me to even try to find someone else to come in as a tenant and pay rent. We've got more than 6 months left on the lease. I don't even have anything in writing that says she agreed to pay half the utilities or more rent than the measly $900 she has given me monthly twice before.

    Surely there has to be some solution? The law requires me to have to live in the same house with her for 6 months while she pays little to no rent and no utilities?

  8. #8

    Default Re: Joint Lease - Cheating Girlfriend Refuses to Move Out

    Quote Quoting BristowMD
    View Post
    Surely there has to be some solution? The law requires me to have to live in the same house with her for 6 months while she pays little to no rent and no utilities?
    No, the legal contract you entered into with the landlord does, since you have nothing in writing with her to the contrary. You can always break that contract, but that action can have consequences of its own.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  9. #9
    Join Date
    Jul 2011
    Posts
    7

    Default Re: Joint Lease - Cheating Girlfriend Refuses to Move Out

    There's got to be something I can do. Turn off the utilities, I am solely paying for? Section off the apartment to a portion where she is not permitted? All the furniture and everything in the apt is mine. So I just have to let her live there rent free, can't evict her, let her use all my things, let her have people over, run up the utility bills.... and my only recourse is to sue her at the end of the lease for a portion of the rent? And, if I move out and she refuses to leave and refuses to pay, I'm still liable to the landlord for all the rent for the remainder of the lease.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    26,954

    Default Re: Joint Lease - Cheating Girlfriend Refuses to Move Out

    Nope, you absolutely CANNOT turn off the utilities.

    Nor can you restrict her access in such a manner.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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