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I wont get into how incorrect this is, for fear that the OP might actually take this advice, but please.... realize that this person is very much not accurate.
Hey, you may not approve of the idea. Your prerogative. But to say the concept is "very much not accurate" is a gross misrepresentation.
I've known people who have done EXACTLY that. It works. It's far from my recommended solution, but it has been done.
A) I dont approve of the idea but also B) its not accurate and not how the law works. This is the internet, so its really 'your word against mind', but anyone is welcome to review my previous posts and make a determination on who know more about CA law.
A couple of months ago me and my boyfriend both signed an apt lease which has both of our names on it. A few days ago i discovered he was cheating on me with another woman! Were not legally married and have no kids but he presented an ultimatum where he said, you gotta leave or we both leave because i aint moving! You cant kick me out even though you caught me redhanded since you dont own the apartment! You move or we both move! These were his exact words. In this case since we both signed the lease who has to leave and who gets to stay? We live here in houston, tx. Can anyone offer me some legal advice here please?
Move out, but request your name is removed from the lease. Clear it out with your ex-boyfriend that he intends to pay for the place, request in writing (email would be fine, I guess) that you're out of the lease and your ex-boyfriend will take over and continue to pay. Hopefully, the ex can pay and the landlord accepts his promise as sufficient. Once you're off the lease, you're off the hook.
Unless your concern is "where do I live" and "i do not want to leave this wonderful apartment"...
You signed a lease agreement with him and your landlord you are financially obligated to pay your half of the rent. You will be responsible for your half of the rent even if you move out.
This is why he said either you move or both of you move. See he knows full well if he leaves and you stay he will be taken to court for not paying his half of the rent even though he moves out. He knows exactly what he is doing. He hopes you move out and he has the apartment all to himself without having to pay the full amount himself. If the landlord tries to go after him he has the lease showing you are responsible for you half not him.
Check with your landlord or management Company to find out if you can be taken off the lease and make an addendum to the original lease removing you from any financial obligation to rent payments. You probably won't be allowed to because the landlord wants all of the rent not just your dirty rat ex-boyfriends half.
Remember to keep all records of what you paid for such as furniture, utilities, rents, security deposit. If he takes you to court you will need all proof of payments you made.
If your landlord will not make an addendum for you to be removed from the lease and have you no longer responsible for your half of the rent then you tell dirty rat ex-boyfriend he moves out with you.
If you can live with your parents and save up all your money if you can. Invest your money you save up and if you should ever be able to buy a home of your own without a husband make sure your deed has your name only and have state "an unmarried woman". This should help protect you if you ever play house again and the next one tries to take your home by marrying you.
Please learn your lesson and don't play house with an intimate significant other. You really should not live with friends either. It's not a good idea to be financially tied to anyone you are not married to or related to like your parents.
Until you get this crap figured out you better make sure that that rent is paid in full every month. I don’t know how you guys are doing it, if you’re splitting it in half or what, but if that rent isn’t paid in full both of you face eviction.
Take yourself down to the landlord explain the situation and ask how you can get off the lease. The worst they can say is no. Your best option is to get your boyfriend on board, have him agree to sign you off the lease, and he will sign a new lease for the apartment complex. The issue is, can he qualify for that unit on his own? If not, you’re screwed.
Don’t do anything stupid and try to resort to violence… The person that gave you that advice clearly has no clue how the law works.
A couple of months ago me and my boyfriend both signed an apt lease which has both of our names on it. A few days ago i discovered he was cheating on me with another woman! Were not legally married and have no kids but he presented an ultimatum where he said, you gotta leave or we both leave because i aint moving! You cant kick me out even though you caught me redhanded since you dont own the apartment! You move or we both move! These were his exact words. In this case since we both signed the lease who has to leave and who gets to stay? We live here in houston, tx. Can anyone offer me some legal advice here please?
OP, what does the bolded mean? It says, he's not moving. If he's not moving, then "we both leave" is not an option.
This is not a legal matter; you both have the same status on the lease. It's not something a lawyer or landlord can resolve. You two need to work out a solution between the two of you, like adults. Your bf doesn't sound very adult.
How long have you been with this guy? How well did you know him before signing a lease on a place with him? My guess is, that he talked you into getting an apt. with him, so he wouldn't have to pay the full rent himself. He was just using you to be able to afford a nicer place than he could otherwise.
Move out, but request your name is removed from the lease. Clear it out with your ex-boyfriend that he intends to pay for the place, request in writing (email would be fine, I guess) that you're out of the lease and your ex-boyfriend will take over and continue to pay. Hopefully, the ex can pay and the landlord accepts his promise as sufficient. Once you're off the lease, you're off the hook.
Unless your concern is "where do I live" and "i do not want to leave this wonderful apartment"...
I don't think it matters a tinkers damn what she has in writing from the ex-boyfriend. What she HAS to have is a signed document from the LANDLORD letting her out if the lease. Promises are meaningless. Contracts are not.
Please learn your lesson and don't play house with an intimate significant other. You really should not live with friends either. It's not a good idea to be financially tied to anyone you are not married to or related to like your parents.
I hope you learned your lesson.
Exactly how would this situation be any different if they were married?
Sincerely, I don't think it is so much a matter of who HAS to leave, as it is who GETS to leave. Consider it a blessing if you can break cleanly.
Ideally get him to sign a new lease for the apartment, with you no longer a part of it, get your things, and just go. Consider yourself lucky.
What you don;t want to do is give him sole possession with you still signed on to the responsibility. If you did, and worst case he went 3 months without paying rent, trashed the apartment, gets evicted, files for bankruptcy....guess who gets stuck with the entire bill?
If you can't work out a satisfactory exit arrangement, then invite a room mate to move in with you, and make your ex boyfriend's continued occupancy very unpleasant.
Those are my 2 suggestions, with a strong preference for the first.
You don't live in apartments, do you?
1. The apartments can and will hold each tenant fully responsible for the lease. They aren't getting involved in a private issue. It's not their problem. They aren't going to terminate a lease with two people to go after to a lease with one person to go after. Why would they? Your "worst case" scenario is precisely why they won't redo the lease. If he trashes the apartment and gets evicted and files bankruptcy, they don't want to be stuck with the bill.
Exactly how would this situation be any different if they were married?
Marital Tax Deduction, Filing Taxes Jointly, Social Security Benefits, Prenuptial Agreement Benefits,
IRA Benefits, Legal Decision-Making Benefits (wills, pensions), Inheritance Benefits, Health Insurance Benefits.
So many gay and lesbian couples want marriage not just living together or having it called civil union for the above reasons. There is nothing to show they are family and a committed couple legally.
IMO she obviously never considered what would happen if wouldn't be there. Is she fresh out of college or High School? He knows damn well he will be stuck paying his half of the rent even if he doesn't live there anymore and she still does. That is why he said both move out or she does not just him.
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