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  1. #1
    Join Date
    Oct 2013
    Posts
    1

    Question Being Evicted From the Marital Home After Separation, Already Moved Out

    My question involves an eviction in the state of: Florida

    I got married 3 years ago. We rented an apartment for one year on February 2013 until next February but sadly I found out many things that my wife made in the last months that I decide to separate from her, so since July 2013 I'm living in a friend's house. Despite the fact that I decide to separate from her, I paid the rent of the apartment on July, August and September in order to help her little daughter who lives with my still wife but I told her that she had to pay the rent since October. Anyway, she didn't pay the rent and today I received a three day notice letter (only with my name on the letter) in order to pay the rent o or surrender the possession of the apartment otherwise the leasing office will start the eviction process. I don't know what to do because I'd like to live back in my apartment but not with her on it and I can't surrender the apartment because she is still living there with her daughter and now her father moved in too. Is possible to do eviction only with her? because she is on the leasing contract too but she doesn't want to move out , she wants to continue living in the apartment without paying the rent. She expect that I continue paying the rent in order not to mess my credit. Thanks for all your help in advance.
    p.d. We started the divorce process a week ago and when I told her to sign in order to take out my name from the leasing she refused.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: I'm Separated and They Gave Me an Eviction Notice but I'm Not Living There Any Mo

    At least you know she is not a keeper.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Being Evicted From the Marital Home After Separation, Already Moved Out

    You can contact your landlord and try to work something out. I expect, though, that they'll tell you that if they don't get the rent in full they will proceed to file the eviction action and (whoosh) there goes your credit rating and it will become much more difficult to find rental housing.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Being Evicted From the Marital Home After Separation, Already Moved Out

    To reinforced what Mr. K said, your contract with the landlord (the lease) is not affected by the fact that you split with your wife. You agreed to pay rent for the term and it didn't get paid. You should try to work something out, but frankly, the landlord is not obliged to let you off the hook.

    You should have immediately sought to terminate yourself from the lease (if that was even possible) at the time you moved out.

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