Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2005
    Location
    san diego
    Posts
    1

    Default Need to get away from ex I am in a lease with. ASAP

    I live with my ex girlfriend who makes life hell with every comment and action. I'm trying to get out, or get her out. She won't leave and threatens to sue me and the landlord for trying. I'm willing to leave, but can she sue me for my half of the rent for the remaining 6 mo of the lease? She owes me $989 too.

    The landlord is understading and simpathetic to my situation, and wants to sit with us and find a solution... but she is reluctant to do so since she thinks we are conspiring against her.

    I would like to get the following answers somehow:

    I may ask her to pay the rent this month (1950), since she owes me about 989. If she doesn't pay the rent, what happens?

    Can we pay rent separately, and be evicted separately for not paying?

    Can she sign a new lease on her own or with someone else, removing me?
    What if she's not willing? WHICH SHE IS NOT
    Can she sign a paper releasing me from liable to pay rent?
    Will she sign a paper owning up to her debt to me?

    If she's willing to let me out, how soon will she get a roommate? How long would I have to give her to find one? I want out asap.

    Can I turn off services that are in my name if she refuses to take them over?
    Do I need to give a certain # days notice?
    Can she sue me for this too?
    She would need a several hundred dollar deposit for each, since her credit is so bad. She doesn't have this, so then what?

    If I move out now or soon, can and will she sue me for half of the rent that is due for the next 6 months?
    What would be my liability if I left with notice?
    How much notice is sufficient?

    I'm currently looking at a 9 grand loss if I go now, not including legal costs if any.
    6k = 6 mo of rent
    2k = deposit
    1k she owes me

    I'm so frustrated. I'm trapped here. Maybe I should just take the 9k loss.
    Terren

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Problem with Ex-Girlfriend

    If you want that type of extensive analysis your best bet is to consult a local lawyer.

    Ordinarily, a person who seeks to recover rent owed by an ex-roommate for the duration of a lease has a duty to mitigate (in essence, that means "minimize") damages. Usually, that means that if a suitable alternative roommate can be found, they can only collect (a) rent for the period before the roommate moves in, and (b) the (reasonable) difference in rent between what the breaching roommate was obligated to pay and what the new roommate pays over the duration of the lease.

    In your situation, you seem to be offering your girlfriend the option of walking away and owing nothing. If she is willing to make that same offer to you, and your landlord is willing to release you from the lease, you have already indicated that you would accept that result. If not, you move out, and she attempts to sue you, you may be able to use your offer to evidence that she did not seek to mitigate her damages. (I've not encountered this exact situation, and certainly not under your state's laws; I can only speak hypothetically, and a judge could reject this type of defense. A local lawyer should be able to give you advice you can rely upon.)

    1. Sponsored Links
       

Similar Threads

  1. Subleases: Tenant Residing Here with Invalid Lease - I want him out ASAP
    By MysticHLE in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 12-03-2009, 09:20 PM
  2. Roommates: Getting a Roommate Off the Lease ASAP
    By rxyh in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-25-2008, 05:19 PM
  3. Emancipation: I Need To Get Emancipated ASAP
    By ladiirawraw in forum Juvenile Law
    Replies: 5
    Last Post: 08-10-2007, 07:53 PM
  4. Emancipation: Getting emancipated ASAP
    By xthisxcutxisxfromxyoux in forum Juvenile Law
    Replies: 1
    Last Post: 02-15-2006, 02:00 PM
  5. Need Some Information ASAP
    By a_nhoke in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 06-15-2005, 08:46 AM
 
 
Sponsored Links

Legal Help, Information and Resources