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Thank you My daughter lives in Bozeman and I am in Ohio She…

Hi Pearl Thank you...

Hi Pearl Thank you My daughter lives in Bozeman and I am in Ohio She was in a relationship with her boyfriend and they moved in together. After that he became abusive and she moved out. She asked the landlord to take her off of the lease He said that is not legal and he can sue her for that amount from the time she moved out. He said because he was not there to agree to her being removed it is not legal Is that true Even to protect herself... and he is a police officer in Bozeman

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Montan montana She moved out 5 months ago

Lawyer's Assistant: Has anything been filed or reported?

Not yet that i know of

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Answered in 3 minutes by:
11/14/2016
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am sorry to hear about this situation. Can you please clarify:
1) WHO said that they would sue her - the landlord or the ex?
2) Did the ex stay behind and is he making payments?
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Customer reply replied 1 year ago
The ex
Thank you.
No, he is wrong.
Now, Montana does not have a statute extending special protections to tenants who are the victims of domestic violence. Which means that the landlord can sue either of them or both of them jointly for any unpaid rent.
However, the tenants themselves owe no duty to EACH OTHER to pay 50% of rent by default, unless THEY HAD A SEPARATE, WRITTEN AGREEMENT TO THIS EFFECT between them. Which, I am guessing they did not.
As such, if the rent is not paid, the landlord may pursue them (her or him, or both). But the ex cannot.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Ely
Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,
The expert that took your stated that you had asked for a summary of the conversation and has relayed this to me to forward unto you:
1) There is no automatic 50% liability of tenant to tenant in a lease and the tenants do not owe each other a duty to pay a certain amount to the landlord, unless the ex can prove that SHE PROMISED/HAD A CONTRACT WITH THE EX to pay 50% ON TOP OF THE LEASE;
2) He can try to sue her, but he'd have to prove the case by a preponderance of the evidence that SHE PROMISED/HAD A CONTRACT WITH HIM to pay 50%;
3) She may wish to have an attorney send a cease/desist letter on her behalf. She should not respond to his texts or calls;
4) The cease/desist may also threaten to sue him for malicious prosecution/abuse of process for his frivolous claims. This is likely to scare him off.
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Customer reply replied 1 year ago
Thank you so very much for your help. What a blessing you are to people like me that just needs to ask a question. I will definitely use your service again and let other people know about you. I will remember your name because this is my grandsons name. Thank you for the quick response. Gods many blessings to you Ely
Customer reply replied 1 year ago
Not finding where I can rate you on here but you are the highest rating I can give. Thank you
You are most welcome; good luck.
The page rated automatically when you requested the call. So no problem.
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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