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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2937
Experience:  Litigation Attorney
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My name is on lease apartment with my ex - s is not. We have

Customer Question

My name is ***** ***** for an apartment with my ex - his is not. We have lived there a 2 months. I have moved out two weeks ago. He will not move. His two daughters live with him and he can not afford to go elsewhere. I am paying rent. The landlord will not put him on the lease ( he did know he was living there). Even if I paid the remaining 10 months he trashed his last apartment - it had to be stripped to studs, so I am afraid of being liable for his damage, and what if he doesn't move out after the year? Can I, or the land lord evict him after legal notice? Am I still responsible for him and the rent until he does move out, even after the lease expires? I need to know what options I need to get out of this with the least amount of damage. Wisconsin
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

You cannot evict your ex from the apartment but your landlord can. You will still be liable under the lease you could have a private cause of action against your ex for rent you pay and damages you can prove he did to the property. You could terminate the lease in writing (you would still be liable under the lease but it would force your landlord to deal with you security deposit and the eviction of your ex). Your landlord also cannot charge you rent if the property is re-rented to another tenant, so the sooner he gets a tenant in, the sooner your obligation to pay under the rent ends. If you could terminate the lease and ask the landlord to do a walk through with you to establish the condition of the property, it might force him to go against your ex for the damages (you would still be ultimately responsible for damages until the termination of the lease). Your ex would be considered a tenant at this point and become the problem of the landlord.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic. )

Expert:  Christopher B, Esq replied 1 year ago.

I see you reviewed my answer, do you have any further questions? If not could you positively rate my answer so I can get credit for my work from the site?