Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortuantely, unless the landlord agrees to allow the the partial release of the tenancy to the girlfriend, she may find herself continuing to be liable if the boyfriend remains in the apartment.
The reason is that the lease provides for the agreement going month to month and most leases with multiple tenant provide for joint and several liability for all the tenants.
So, she will need to work this out with the landlord if the boyfriend is staying.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.