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I live in a home where i share half the lease. been at the…

Customer Question
I live in a...

I live in a home where i share half the lease. been at the home since 2015 and just renewed the lease. now i have a legal issue with the roommates boyfriend who slammed my son. how can i get outta this lease with out it going against me

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

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

Yes i pressed charges and the man did not go to jail and was not removed from the home and he isnt on the lease so i removed me and my children from the home due to fear

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

No i dont think so

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
12/28/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. So, generally, parties that are sharing a space are jointly and severally responsible for the lease payments. This means that when one party moves out, then the other party is going to be responsible for payment on the lease amount. If the roommate who stays ends up paying the entire amount, they may only recover the amount from the tenant who moved out if they agreed with the moved out tenant that the moved out tenant would cover their portion of the rent.

In your case, unless you agreed with your roommate that you would be responsible for 50% of the rent, then you can move out and the tenant would have no recourse against you and the landlord would collect from that other tenant. If you agreed to pay your share of the rent, then you could still move out, but a court would probably require that you reimburse the tenant. It is possible that a court would reduce their award because of the domestic violence issues; however, a court may also not consider that entirely. There's no law that specifically allows you to move out under these circumstances. In most cases, a tenant usually won't go after their former roommate because of the cost and time it takes to get the money back.

What other questions did you have for me today?

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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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