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  1. #1
    Join Date
    Jul 2014
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    2

    Default Terminating Lease Auto-Renewal During Divorce

    My question involves landlord-tenant law in the State of New Jersey. I am going through a divorce and I have moved out I can apartment that holds both my soon to be ex husband and I as tenants. I am unable to remove my name from the lease because my ex continues to live there and won't lease it under his name because of bad credit. How can I get out if an autorenewal lease? The landlord said they don't get involve in divorces and that even though I haven't physically lived there in 6 years, I am still the leaseholder because he has not moved out or put the lease under his name only.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Terminating Lease Auto-Renewal During Divorce

    I cannot read your lease from where I'm sitting, but ordinarily you would get out of your obligations under the lease by giving proper notice. If the lease is for a defined term, your timely notice would take effect at the end of the term. For a month-to-month arrangement, assuming the agreement begins on the first of each month, New Jersey you must provide a written one-month notice before the month begins. You would be released from the periodic tenancy at the end of the month. Your obligations may vary depending on the full facts and the terms of your lease.

  3. #3
    Join Date
    Jul 2014
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    2

    Default Re: Terminating Lease Auto-Renewal During Divorce

    We both provided the proper termination of the lease in advance. However, the landlord said that because he didn't come in and put the lease under his own name, it auto renewed under both of us. Since my ex won't apply under his own name, he is using my SSN to stay on the lease.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Terminating Lease Auto-Renewal During Divorce

    Quote Quoting Yabba24
    View Post
    We both provided the proper termination of the lease in advance. However, the landlord said that because he didn't come in and put the lease under his own name, it auto renewed under both of us. Since my ex won't apply under his own name, he is using my SSN to stay on the lease.
    If you provided the proper termination of the lease in advance, then your EX landlord is full of it. If you have not lived there for six years, then it might be time to get an attorney involved.

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