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My son is sharing a lease with his half-sister. She and her…

Second opinion] My son...

Second opinion] My son is sharing a lease with his half-sister. She and her boyfriend have had domestic issues and now my son and his half-sister are facing eviction. She will not let him break the lease because she cannot afford to live there on her income alone. He is desperate to get out of this situation because he has a clear rental and credit history and can no longer live in the situation that his sister has brought on. We are prepared to help him pay any penalties so he can walk away from this horrible situation. How can our son get out of this situation without an eviction on his record?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No paperwork has yet been filed. We are thinking that he may have to put a restraining order against her and the boyfriend, but we do not know how that would work with how the apartment manages these types of situations.

Lawyer's Assistant: Where is the apartment located?

Phoenix, Arizona. The Apartment manager gave him the options of either both of them agreeing to break the lease, or that she agrees to let him leave and prove that she can afford it on her own. She will not subscribe to either.

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

Not that I can think of. Thank you.

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Answered in 5 minutes by:
5/16/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,038
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

Are they both on the lease together as co-tenants?

.

How are they facing eviction now? Are they paying the rent or no?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
They are both on the lease together. They have 10 days to fix the issue (sister and boyfriend fighting) or my son and his sister will be evicted.
Customer reply replied 3 months ago
They are paying rent. They split it. My son wants to get out this situation as soon as possible as he has a clear record and does not want his credit or rental history contingent upon the actions of his half-sister.

Ok, then if there is domestic violence, sister needs to get a restraining order against boyfriend and have him arrested if he returns. If she won't do so, then when it happens again... and it will... then the landlord will then have grounds to file to evict both of them.

.

Unfortunately, your son is caught up in this mess, but if he simply moves out and notifies the landlord that he is vacating and surrendering possession, then he returns his keys, that means that an eviction action is improper because it is about possession. So if the landlord moved to evict, he would only evict the sister, but could sue both of them for any lost rent and costs until he re-rented.

.

So the best way to keep an eviction off his record is to abandon the property, move out, return the keys and make it crystal clear in a letter sent certified mail to the landlord that he is surrendering possession and abandoning the property so an eviction is not legally proper or necessary. And he agrees to be liable for any costs if landlord has to evict his sister if she can't continue on in the lease.

.

.

thanks

Barrister

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Customer reply replied 3 months ago
If both names are ***** ***** lease and he does surrender possession, will he be forced to pay the full penalties plus any other issues that may occur from his sister, such as any vandalism or property damage, if she acts vendictively? It would be good to know if he can be protected in this situation.

He will be equally responsible with her financially... So if the landlord sued son, he can file a motion to add sister as a defendant with him and any judgment would be against both of them.

.

but this would keep an eviction off his record, which will make it very hard to rent elsewhere..

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As for damages, he can take lots of pictures of the place when he moves out to document its condition and arguably have the judge hold her liable for anything that happens after he leaves..

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,038
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
Wonderful! Thank you for your help!

You are very welcome. Glad I could help.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

. .

.

Have a great evening!

Barrister

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