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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My girlfriend moved out of the house with a lease year and

Customer Question

my girlfriend moved out of the house with a lease for a year and now she doesn't want to pay her share of the rent and on the lease it states if you abandon or leave you are still responsible for the rent, I was barely able to cover this months rent , how can I get her to fulfill her part of the lease agreement and she still has the keys to the house and one of my cars that she doesn't want to return and I called to police and they say as long as she is on the lease she can do what ever she wants.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 6 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you with your question today.

I am sorry to learn of this situation, your girlfriend is in breach of contract (not between her and her landlord, but between the two of you - as long as you continue making the rent payments on your own, she will not be in default on the lease to the landlord).

You can sue your girlfriend for breach of contract in small claims court to recover her obligation under the contract between the two of you. (The FL Courts have information to help, but in FL each individual county has their own separate small claims packet so you need to go to your county's court (some have information online, but most have it at the actual court self help center, a physical location), to get the form).

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml

If you default on the rent (cannot pay the landlord the whole amount, and your girlfriend continues to fail to pay), the landlord can pursue either one of you, or both of you, for the debt. (It is a "joint and several" obligation under the lease contract).

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