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We moved into a rental property in November last year the…

Customer Question
We moved into a...

We moved into a rental property in November last year the tenancy was in mine and my boyfriends name, I moved out last week, and went back home to my parents house, I went back to the property last night, and he has emptied the house, and moved over east... with no contact at all.

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Perth WA

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The rent is $500 a week, i am a student and don't have that sort of money, what can i do ?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No issues with maintance, my partner was on a De facto Visa ? and i asked to be taken off the lease 3/4 weeks ago, this did not happen as the real estate are slow, the property manager emailed me last night saying i cant come off the lease as he is not a PR ? surley this is a check that they should of done last year, and rejected the application

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 1 minute by:
1/9/2018
Lawyer: LandlordTenantAnswer, Attorney replied 1 month ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 29,952
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LandlordTenantAnswer, Attorney replied 1 month ago

Good evening. When is the lease set to expire?

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Customer reply replied 1 month ago
November 2017
Customer reply replied 1 month ago
it November 2018
Customer reply replied 1 month ago
hello
Lawyer: LandlordTenantAnswer, Attorney replied 1 month ago

Thank you. From a legal standpoint, when a tenant signs a lease, they are obligated for the term. If you moved out, it would be a your discretion and if you now are liable and have to pay, would need to sue and go after him, for his share of the rent that is owed. The fact that you left does not alive you from the obligation unless they agreed to release you and if he said he would stay and pay and vacated, that is an issue between you and him.

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Customer reply replied 1 month ago
the estate agent are saying that he is not Permanente residence that he should not of been on the lease ? if i was aware of this 2 mths ago i would never of taken the lease on
Lawyer: LandlordTenantAnswer, Attorney replied 1 month ago

It was at your discretion to sign and be liable. Any time a party signs a lease and they are relying on someone else, they agree to be liable if the other person leaves or fails to pay. It would be hard to raise this as a defense if this was your boyfriend and you agreed to live with him

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Customer reply replied 1 month ago
if the lease was in both names ? am i liable for all the rent, as he has not paid any bills either
Customer reply replied 1 month ago
what would your legal advice be ? i don't have $500 a week for the rent, and i have no furniture, as he has gone with it all ? i cant afford to replace anything or pay rent
Lawyer: LandlordTenantAnswer, Attorney replied 1 month ago

Yes, you would, unless the lease says that you would each only be liable for half.

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Lawyer: LandlordTenantAnswer, Attorney replied 1 month ago

You can try and settle with them and pay a fee for breaking it. They will need to find someone to take over and move in, so that may minimize what you owe

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Lawyer: LandlordTenantAnswer, Attorney replied 1 month ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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