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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28366
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I need advice about rental agreement with my ex, New Jersey,

Customer Question

Hi I need advice about rental agreement with my ex
JA: What state are you in? It matters because laws vary by location.
Customer: New Jersey
JA: Has anything been filed or reported?
Customer: No, we just have a rental agreement
JA: Anything else you want the lawyer to know before I connect you?
Customer: My ex is angry I moved out. I moved out because he is abusive. I had moved in there because I was starting grad school, and we agreed I would not pay rent and I have not. Now he is threatening to break the lease and try to get rent out of me
Submitted: 1 month ago.
Category: Legal
Expert:  LegalKnowledge replied 1 month ago.

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

Expert:  LegalKnowledge replied 1 month ago.

Good morning. I am sorry to hear about this. Are you on the actual lease with him?

Customer: replied 1 month ago.
We got the lease because my credit was great and he has a bankruptcy history
Customer: replied 1 month ago.
We had a verbal agreement that I would not pay rent and have not paid rent for six months. Can he try to get this back rent from me?
Customer: replied 1 month ago.
I asked the landlord if I could get out of the lease and just said it wasn't working out. I didn't want to disparage him, but he is controlling and verbally abusive and manipulative. He refuses to see this is why I am leaving and feels angry.She said she won't let me out of the lease and I should work on the relationship. She is also a lawyer. It's due to be renewed in january. I was hoping to somehow survive until then and just not renew it and he can hope she'll rent to him for another year if he wants to stay there. I got another place to live and moved this week. If he leaves the house early what can the landlord do to us? can they try to take all of the rent from me?
Expert:  LegalKnowledge replied 1 month ago.

Thank you for the reply. No, if there was an agreement whereby he would pay the rent and you would not have to pay him anything, he could not come back and try and get rent from you at this time. The issue which you may face, is that if you signed the lease, you are still liable to make sure the rent is paid. Even though you left, the rent needs to be paid BUT if there is domestic violence, it could be a basis to break the lease and vacate. If he is abusive and the police have been called and this was documented and you had to vacate, you need to speak with your landlord about this. The landlord would have a duty to mitigate damages, if you both vacated and would need to find a new tenant but if he remains and refuses to leave, the rent would need to be paid and if they sue, you would have to go after him and sue for the money.

Customer: replied 1 month ago.
I am in grad school and going to take out loans to be a CRNA in 3 years. I quit my job a couple weeks ago. I was going to borrow from my 403b to try to pay my rent, but stay below poverty at less than 30,000 a year. I am worried my ex will abandon the house.
Customer: replied 1 month ago.
No i took a picture of a bloody finger from this week, but i didn't call the police because i was afraid of making things worse for both of us. i never called the police the whole time
Customer: replied 1 month ago.
people don't understand that you don't just call the police on a person you love, i don't want to hurt him in all the other areas of his life. it's sad because in the end i may get hurt financially because of this attitude tho.
Expert:  LegalKnowledge replied 1 month ago.

You need to speak with the landlord about the DV. This needs to be used as a basis to break the lease and vacate, to get out of pay it. If you were to leave, you could just try and pay the rent if possible to avoid having the lawsuit and eviction on your record and sue him, civilly, to recover the money, since there was an agreement which he breached.

Customer: replied 1 month ago.
we don't have an agreement in writing regarding me not paying rent up until this point, can he sue for back rent?
Expert:  LegalKnowledge replied 1 month ago.

Can he sue? Yes. However, if he has no evidence, it may be hard for him to prove the agreement and prevail and you can defend this.

Customer: replied 1 month ago.
But I don't have proof, just a picture and nasty texts. can the landlord let me out of the lease based on that? anthony could sue her than i would think
Customer: replied 1 month ago.
I could have lived there rent free for 3 years, that was the plan. i hauled ass after a couple months because of the abuse. i think that speaks volumes in itself but not legally. if things were ok, or workable i would have stayed
Customer: replied 1 month ago.
he began trying to bully me into sex and just holding it over my head he moved there farther from his job over and over and over. can i get transcripts of texts from my phone company?
Customer: replied 1 month ago.
I don't have the money to pay rent at both places
Customer: replied 1 month ago.
I am living on loans
Expert:  LegalKnowledge replied 1 month ago.

it would be at her discretion to release you and then proceed and evict him, if he fails to leave.

Customer: replied 1 month ago.
i don't think she is going to release me. she said she needs the money and already refused when i stopped short of saying he was abusive, i said it was not what i thought it would be. and i have not filed any police reports. she is a lawyer as well, and a single mother. i wished she would understand but she didn't. I'm afraid to say anything else to her
Customer: replied 1 month ago.
i don't want him to not have anywhere to go i just want to be done with this
Expert:  LegalKnowledge replied 1 month ago.

I completely understand. If she will not release you and the rent is not paid, the burden would shift to her to take action and sue. If she does, you could defend the action at that time. I know it is not ideal and you want this to be done but if he is there and refuses to pay, she could try and go after you, since you signed the lease and you would need to sue him, to recover.

Customer: replied 1 month ago.
I'm thinking of trying to just be nice to him until the lease is up in six months
Customer: replied 1 month ago.
it's been like torture he's emotionally unstable
Expert:  LegalKnowledge replied 1 month ago.

Yes, that would be ideal, even though you are a victim. You need to do what is in your best interest, to protect yourself over the next few months.

Customer: replied 1 month ago.
it's so sad and scary and stressful. i don't know what to do
Customer: replied 1 month ago.
maybe i could offer to pay half off the rent with my savings to get taken off but i can't afford to lose that
Expert:  LegalKnowledge replied 1 month ago.

I know it is. These situations and being a victim are very tough and it is sad that the landlord will not help, when they can. As I shared, if you fled and needed to because of the violence, this could be a defense that you raise, if she tries to sue you.

Customer: replied 1 month ago.
but if i fled i can't prove it
Customer: replied 1 month ago.
i went into a state of compartmentalizing it to survive and I'm a nurse and used to insanity at work. never again tho
Expert:  LegalKnowledge replied 1 month ago.

Your testimony would be evidence for the court to consider.

Customer: replied 1 month ago.
if i text her the picture of my finger and tell her what happened does that count for anything
Customer: replied 1 month ago.
i think in the end it'd be mostly his word versus mine
Expert:  LegalKnowledge replied 1 month ago.

Yes, it could be a mitigating factor for her to consider. The goal is to convince her and allow her to release you.

Customer: replied 1 month ago.
what should i do
Expert:  LegalKnowledge replied 1 month ago.

You need to decide if you want to continue to pay and sue him or refuse to pay and force him to do so and allow her to evict.

Customer: replied 1 month ago.
I can't afford to go to court either. maybe i should wait for him to try to take me to court Maybe he won't do anything since it'll be a pain in the ass for him as well
Customer: replied 1 month ago.
he is just starting to get his credit back as well, has old cars and needs to be able to buy a car. i doubt he will want to kamikaze all of that to get back at me right? His son lives there too, and he has a big dog that not every rental place will take
Expert:  LegalKnowledge replied 1 month ago.

Yes, that is possible but you need to hope he keeps paying the rent. If he does, it is not an issue, with the landlord, since she will still be getting her money. If he has a son and his dog, he will not want to be evicted either, since he will have no place to go, so he may be forced to pay it, which is ideal for you

Customer: replied 1 month ago.
for him to not pay rent, which the whole rent was an amount we picked that he could afford on his own knowing i would not contribute....would damage his credit he is just getting back. he just got approved for a car loan, he just got a 1000 dollar limit on a credit card as pitiful as that is....to me to tank that progress to try to hurt me is stupid.
Expert:  LegalKnowledge replied 1 month ago.

Yes, it would not be a smart move. Not only his credit but he may not be able to rent, so would be homeless.

Customer: replied 1 month ago.
the son is 19, just got out of the marines. I helped him get the kid on the path, the kid had been a drug user. there is zero gratitude for all of it
Customer: replied 1 month ago.
my ex has some sleaze bag connections in bayonne, so he probably could get a place more likely than the average person with no credit but still, to tank his credit again? just to hurt me? he's hot headed as hell, but i don't think he's that stupid.
Customer: replied 1 month ago.
how much does it affect your credit to have rental problems? I am worried about not getting my student loans
Expert:  LegalKnowledge replied 1 month ago.

An eviction could prevent you from being able to rent down the road or rent from someone who does a check. If you are sued, it could effect your credit.

Customer: replied 1 month ago.
what about renewing the lease i currently have
Expert:  LegalKnowledge replied 1 month ago.

That would all depend on if the landlord did a check but if you have been there for a year and paid without issue, they likely would not check you out again, since there have been no issues.

Customer: replied 1 month ago.
i'm in student housing
Customer: replied 1 month ago.
i would think they would just renew the lease
Expert:  LegalKnowledge replied 1 month ago.

Yes, likely, since it is part of your schooling and there have been no issues.

Customer: replied 1 month ago.
instead of spend money to credit check all of these people
Customer: replied 1 month ago.
my credit is 830. i have zero debt other than my new school debt. i would think if the only thing that shows up is that rental issue and i had no other rental issues in the past it'd show i was a victim of a crazy person in itself
Expert:  LegalKnowledge replied 1 month ago.

Yes, I do agree. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LegalKnowledge 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!