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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
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Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My daughter is on a lease with her ex-boyfriend in indiana

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My daughter is on a lease with her ex-boyfriend in indiana and moved out approximately 2 months ago. He will not let her off lease and does not allow her into the duplex. They have a lease until March 2014. Is there any way she can get off the lease without involving him? He will not sign to let her off yet still not allow her in. What can she do?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 11 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation. If she has moved out, who is still paying the rent? Is her ex paying it in full every month?
Customer: replied 11 months ago.

No, I don't believe he keeping up to date with rent. It was a volatile situation with him and she basically had to move out. She is planning on moving back home to illinois with us. He does make plenty of money to pay but I don't believe he has kept up.

Expert:  RealEstateAnswer replied 11 months ago.
Thank you for the additional information. If he is not keeping up with the rent, the landlord will likely proceed with eviction and then would sue him and possible your daughter, for any damages suffered. The only way she can be released from liability on the lease, is through the consent of the owner/landlord. She can try contacting the landlord and see if he/she would agree to a penalty for breaking the lease and possible seeing if the boyfriend would cooperate in doing so, agreeing to move out as well, to resolve the situation. If she is moving back home with you and does not need to go back to the rental, she should not, to avoid any additional problems. If she is on the lease and has a key, I am not sure how he is preventing her from accessing the duplex but she can always call the police if she needs to, since she does have a legal right to be there. I know she does not want to be involved at all with the lease but it is the landlord who has the discretion to release her, so she would need to deal with them.

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Customer: replied 11 months ago.

The leasing company said he has to sign along with her to release her from lease and he won't do it. Like I said, unfortunately he is not a very pleasant person. I don't want her falling into his misfortune as he has left her with bills to pay in the past. He has a police record and I am worried for my daughter and grand-daughter.

Expert:  RealEstateAnswer replied 11 months ago.
I believe he does not want to sign the release since the obligation to pay will fall solely on him. He does not want to assume that and if sued, wants your daughter to half to share the cost, if ordered to pay damages, as a result. In a situation like this, you may want to consider offering him financial incentive to sign off on the release, releasing her, which could help his own situation.
Customer: replied 11 months ago.

Thank you for your time. I will probably be contacting you again. You have helped me tremendously. Smile Maybe I can talk to the leasing office and see what happens! He has been previously been kicked out of 2 other apartments for his actions. My daughter each time has found a home for them to reside in. I hope this can be resolved as well.

Expert:  RealEstateAnswer replied 11 months ago.
You are welcome and good luck with everything. If you have not already, please remember to rate my help with 3,4 or 5 faces, so I can get credit for my answer.
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 15930
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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