What to Do if Your Girlfriend Breaks Up With You and Won't Pay Rent

My question involves landlord-tenant law in the State of: North Carolina.
My ex girlfriend and I just renewed our apartment lease in June of 2016 which ends in June of 2017. We made a handful of recent purchases like a new couch, dresser, TV stand, coffee table, and mattress set. She left at the end of July and didn't tell me what we were doing or if she was coming back, I just assumed she was taking a break. She paid August and September's rent without an issue. Now she is saying she wants to move out and split everything. We looked into canceling the lease and it will cost $3500 to break the lease. Well I don't want to leave and she does. So i told her to be fair since she just signed the lease, that she can have whatever items she wants that we just purchased and she pays me half of the cancellation fee. The cancellation fee would give me 3 months of her side of the rent to find a roommate. So she would be getting the puppy i just found, coffee table, dresser, and her belongings. I would be getting the TV stand(junk, i even offered it to her), couch, bed, cat we got together, my dog, and $1,750. I am trying to make it fair for the both of us but I do need help with the rent and she is abandoning that responsibility for no real reason besides she wants someone else. Is what I am asking of her unfair? We pay roughly about $1,200 a month on everything. So instead of asking $1800 (all bills) or $1500 (rent alone), I was thinking $1,750 which is half of the cancellation fee would be a fair number. any advice.

Fair is in the minds of the parties. It's not whether I thinks it's fair or even if you think it's fair. It's if you two can agree it's fair.

I do have to ask; if you intend on remaining there, why should she pay half the cancellation fee?

I suggest you Make a written agreement where she relinquishes any rights to possession of the apartment and allows you to sublet her interest to another party with no requirement she pay anything towards this Uneeded termination fee as well as you agreeing to indemnify her for any charges that may result from your continued stay in the apartment.

Of course your lease and landlord must be agreeable to subletting.


As to the split of the personal property; only you can decide what you are willing to accept there.

Okay I understand, the "Cancellation fee" is only being brought up as a term because I didn't want to make up a random number and the fee is so close to 3 months of bills. I believe she should owe a portion of rent until I can find a potential roommate. From my understanding, after talking to a few people, we are both liable for rent until we sign her name off the lease. Which I told her she gives me $1,750 and we will go sign her name off the lease no questions asked. My issue with the situation is she is saying she has been unhappy for a while, then why did you resign the lease in June when I had a potential friend to move in as my roommate, now he is unavailable. The personal property I believe we have an understanding on. Its coming down to money now. We have an agreement typed up that we have both made changes to, we are in the process of coming to finalized agreement.

So you are willing and able to sign a new lease based on your income and credit history? If not, if you remove her from the lease you will be looking for a new place to live.

Yes I can remove her and keep the apartment I am in. Will be tough for me and I am looking for a roommate to help out.

Then it may be in your best interest to terminate the lease and sign a new one. It would bring the entire situation to an end.

But to terminate the lease would cost me $1,750 that I do not have to spend on her mistake. I will not spend.

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Quoting ajtodaro

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But to terminate the lease would cost me $1,750 that I do not have to spend on her mistake. I will not spend.

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so now you aren't willing to spit the termination fee with her?

then I suggest you buckle up and hang on for the ride. While she is liable for half the rent, collecting it could be problematic if she refuses to pay willingly. You can then sue her and hope to be able to collect on a judgment, should you win.