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ambhak04 | The lease to my apartment...? |
My husband and I are supposed to be renting an apartment starting this weekend..but, we have recently got separated and he still wants to take the apartment. Do you know of any forms that would make him liable for the penalties if he skips out on rent instead of me, since I would no longer be moving in there? |
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chatsplas
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With his permission, and LL's, your name can be removed from lease. Get it done, or you are liable. May have to pay a fee (paperwork) to LL, but it's worth it. Get it in writing. Don't delay. |
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GWB
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Depends on your State.
Talk to your landlord and have the lease put in his name only.
Problem is that you are married.
Some States have laws where you might be on the hook anyway.
In my State you could also do a roommate release.
But, since you have not moved in, I think, have the lease be in his name.
But, after you fall back in love, be sure to get on the lease. |
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Lex
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Go to the landlord - they have no obligation to take your name off of the lease but may do so if both you and your husband agree. If they're smart, they'll keep you on for the very reason that you stated - you're someone else to go after in a default situation. |
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Steve D
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You are going to have to call the landlord/rental agency to see how to go about removing your name from the lease. It will take agreement of all three parties (you, your husband and the apartment owner) to remove your name. You have a valid contract and as such you are as liable for payment of the rent as your husband. If he were to skip out, you would have to pay the rent and any fees and then attempt to recover it from him.
If the landlord is not willing to remove you from the lease, I would see a lawyer and have him draw up a paper which your husband would sign saying that he would accept all responsibility for payment of rent and any other charges associated with the apartment. While this wouldn't absolve you of paying up if he skipped, it would give you added ammunition in a case to collect from him. |
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Weimaraner Mom
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You would need to notify the landlord that you and your husband have separated and you will no longer be living there. Your husband would then have to qualify for the apartment on his own, if they based it upon both incomes. This will prevent him from moving in this weekend as they'd have to redo the application. Make sure you are off the lease otherwise you will be liable if he skips. Make sure you do this immediately. Also be advised since this has already been processed and technically you would have taken possession you could be liable for breaking the lease even though you haven't officially moved in yet. But definately call the LL and explain the situation. |
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Ed Atun
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There is no form that is specifically for this problem. It would help if husband signs a short letter saying that he is holding you harmless for any debts on the apartment.
The landlord would still have the right to go after you for any loss. Ask if you can sit down with the landlord and get landlord to sign a "release" that removes you completely from the rental agreement. If landlord refuses to sign, you are on notice that you are liable.. |
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adri_mndz
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Just get your name off of the lease. |
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Gertie
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DIVORCE sounds like a good one. |
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infinite crisis 247
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as long as you are on the lease, you would be liable for it. i would talk to the landlord and see if he will be willing to let you out of the lease. you might have to pay a penalty or you might not. it depends on your particular landlord and how kind or accomodating that he feels like being. it also depends on how qualified that your husband is to make the payments solo. it would carry a lot more weight if he was. the sooner that you have this convo with your landlord, the better. you want your name off of that lease, trust me. |
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