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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27621
Experience:  Attorney
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My boyfriend of 14 years is decided to leave. We have lived

Customer Question

My boyfriend of 14 years is decided to leave. We have lived together but not married for 14 years We have no joint accounts. We each have our own 401k accounts. He wants to break the lease on our apartment. Our lease has a clause that we give 60 days notice and have a 2 month penalty. Both our names are ***** ***** lease. Can he give notice himself and will I have to leave?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Breaking up actually doesn't invalidate your lease - as far as the landlord is concerned, it doesn't matter what your relationship is. So, you don't have to move out, but you will be responsible for ensuring that the landlord receives the full rent payment each month, as promised in the lease agreement. That could mean getting a roommate if the apartment has two bedrooms, or if you can pay the full amount yourself, you can stay. Just make sure the landlord is aware that HE is the one breaking the lease and moving out, not you. The landlord might want you to sign a new lease in your name only. But your ex can't make you move.

If he actually does force you to leave because you can't (or don't want to) pay for the place on your own, and you want to stay, then you can argue that he has to pay the full penalty. This is because he agreed to live with you in that apartment and pay rent until the day the lease is up, and that legal contract is not contingent upon the two of you being in a relationship. It's legal and binding, and by moving out, he's breaking a promise he made to you.

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