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I rented an apartment in february 09, where i lived with my…

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I rented an apartment in...
I rented an apartment in february 09, where i lived with my wife. she had no credit; so she wasnt on the lease. she was being evicted of a place in which her name wasnt on the lease either. When things fell apart, I moved out but continued paying the rent until the end of the lease. she refused to move out, so I was sent to holdover case. she was recently evicted, but now I have the management company asking me for back rent. I'm a victim here, what are my options?
thanks
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 1 minute by:
3/1/2012
Lawyer: David L, Attorney replied 6 years ago
David L
David L, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,255
Experience: Attorney licensed in multiple jurisdictions since 1997.
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David L :

Hello. Since you are the contracted tenant under the lease, you are the party legally responsible for the payments. Your only real options are to settle with management company and then sue your wife for the amount you have to pay.

David L
David L, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,255
Experience: Attorney licensed in multiple jurisdictions since 1997.
Verified
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Customer reply replied 6 years ago

Antoher party mentions that since she's my wife; if I were to sue I'd probably lose since she can claim it as expense incurred while married. Is that true?

Thanks

Lawyer: David L, Attorney replied 6 years ago
Hi. That is probably true - it is hard to sue your wife while still married. My contemplation was that you would sue her post-divorce. You could also raise this issue in a divorce proceeding and have the court charge her with rent, giving you a credit toward other marital assets. If you are still married, the proper place to deal with this issue and the related "expense" is during the divorce proceeding.
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