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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38172
Experience:  16 years real estate, Realtor. Landlord 26 years
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If two domestic partners are on the lease and one moves out

Customer Question

If two domestic partners are on the lease and one moves out prior to the terms of the lease, what is their liability?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What was their agreement regarding the rental payments?

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Did they agree to divide any rent payments equally?

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And both are signers on the actual written lease contract, correct?

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thanks

Barrister

Customer: replied 1 year ago.
We are both on the lease, we transfer equal payments into the lessor's bank account monthly but not broke now in the lease. The landlord has made indications that if the other half moves out - he will force me too and deny renewing the lease to me although I have personally rented from him for 5 years. There 18 month left on the lease.
Customer: replied 1 year ago.
I have never once been late on a rent payment. and want to renew the lease for an additional 3 years .
Expert:  Barrister replied 1 year ago.

Ok, if one tenant moves out, then that doesn't relieve them of their legal liability to the landlord and the other tenant for their rent. If there was an agreement for the rent to be split, then the one staying tenant can sue the leaving tenant for their half of the rent under a breach of contract claim. They can continue to do so every month until they find a new tenant to take over the other person's place.

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As for the landlord, he can't force you to move out unless there is a breach of the lease contract or your fixed term lease expires and he properly terminates your lease with a written notice and then evicts through the court.

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But as for renewing, unless there is something in the lease that gives you the option to renew, then he is under no legal obligation to renew your lease if he chooses not to and he can evict once the fixed term lease expires.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister