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My wife and I are divorcing, the lease has expired and she…

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My wife and I are...
My wife and I are divorcing, the lease has expired and she moved out two month ago, the leasing management states that I have to get a court order to have her removed from the lease. We never signed a new lease together, there was never a new lease signed by me but I'm paying as if I'm still leasing
Submitted: 2 years ago.Category: Landlord-Tenant
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2/22/2016
Lawyer: ScottyMacEsq, Attorney replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 18,171
Experience: General practice attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what your question is/

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

I will try to answer your question without having an explicit question asked... Assuming that the lease doesn't automatically renew, then you don't have to renew the lease. It's true that you would have to enter into a new lease, rather than renew the old one, as the old one had your wife on it. But it's not true that they have to have a court order to "remove" her from any potential lease.

Now that being said, it's also not mandatory that they do a new lease or renew your lease. That's up to them. While they have the law wrong, the effect is essentially the same, in that they can maintain that you have to get a court order before they're willing to sign onto a new lease. There's nothing in the law that forces them to have a correct understanding of the law or correct interpretation of it. They only have to avoid breaking the law, and even though they're wrong on this matter, no law is being broken.

Now if I were you I would attempt to speak with management, explain that you spoke with an attorney and what you found out, and ask them to verify it themselves. Hopefully they'll take your word for it.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Did you have any other questions before you rate this answer?

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Hello?

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Did you have any other questions before you rate this answer?

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

I see that you STILL have not responded or rated in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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Lawyer: ScottyMacEsq, Attorney replied 2 years ago

Hello?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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