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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33224
Experience:  Attorney for over 15 years, landlord 26 years
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I do need some assistance but how will it cost because I don't

Customer Question

I do need some assistance but how will it cost because I don't have an account?
JA: OK. The Landlord-Tenant Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: I am here.
JA: Anything else I can tell the Landlord-Tenant Lawyer before I connect you two?
Customer: Yes I am the secondary on a lease for an apartment I got with my wife. I live in Washington State and the last apartment complex I was in I could actually sign a form and release my interest in the lease agreement without paying anything. I am in a new complex but I am unsure if the rule still applies but will find out later today. So does it still apply?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Are you saying that you and wife are both signers as tenants on a written lease?.And what it is that you are trying to accomplish here?..thanksBarrister
Customer: replied 6 months ago.
The last apartment complex I stayed at my wife was secondary on the lease. We were going through a divorce and the landlord said that as secondary leaseholder she could opt out of her rent without paying anything as long as she signed this paperwork. Well we moved and now she is primary and I am secondary. And it appears we will not remain together. My question : what is the law in Washington state regarding releasing interest in a property if you are secondary on a lease? Being that our last landlord had that paperwork?
Expert:  barristerinky replied 6 months ago.
If you both are signers on the lease, then you are both equally responsible for the rent under the legal doctrine of "joint and several liability". That means that the landlord can come after one or both of you for rent if there is a breach. So unless the landlord agrees in writing to release you from any further obligation under the lease, then you would remain liable as this is purely a matter of contract, not a matter of statute...thanksBarrister
Customer: replied 6 months ago.
I will look at my contract then. However, if she's the primary and I move out and rent somewhere else is that possible if she still remains in the apartment?
Expert:  barristerinky replied 6 months ago.
if she's the primary and I move out and rent somewhere else is that possible if she still remains in the apartment?.Sure, you can rent as many places as you want to...there is no limit on how many places someone can legally rent...And she is exactly equally liable for the rent along with you. So whether you are living there or not, you both are legally liable for the rent unless the landlord agrees to release you from liability in writing....thanksBarrister

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