Wednesday, August 18, 2010

Am I responsible for rent if my ex has been paying for it all this time and has suddenly changed his mind?

I had been living with my boyfriend for over a year and we were 3 mos into our 2nd yr lease when I broke it off with him and moved out. Our agreement had been that he'd pay rent and I paid utilities. I wanted us to still be friends and when I left I gave him all the money I had to cover the rest of the utilities. I've been out for 3 mos and everything has been fine, he even offered to have my name taken off the lease, (though he never did) but hes been trying to get me to take him back the entire time. I was getting tired of him constantly calling me and I told him that it wasn't going to happen -- so now he's angry and has decided that I owe him rent. He wants me to split the final 6 mos with him. My name is on the lease, so I don't know how responsible I am for this, since we had an agreement that he'd pay rent. I can't really afford to pay him rent plus pay to live where I am at now, and he's been paying without me living there for 3 mos -- he just wants to get back at me. Help!Am I responsible for rent if my ex has been paying for it all this time and has suddenly changed his mind?
Most well-written leases I've seen include language that specifies the tenants are ';jointly and severally'; liable for the rent and other sums due under the lease.





In essence, this means the landlord can get his money from either or both tenants and that both are responsible for the rent as though they were sole tenants of the property.





Without a release of liability from the landlord, and assuming your lease contains this joint and several liability language - you're stuck. In fact, the landlord could come to you for 100% of the rent if he chose to do so.





Your ex may have a legitimate claim that you owe your portion of the rent to him for the balance of the lease - though your arrangement with him doesn't appear to have been in writing.Am I responsible for rent if my ex has been paying for it all this time and has suddenly changed his mind?
If you are on the lease you are still responsible. If he put that in writing you may be able to take him to small claims court, but i doubt he put that in writing.


Good Luck
You don't mention if your deal with him was in writing, but I think you might be out of luck regardless, unless your lease allows you to sublet. Most places will allow you to negotiate buying out your lease. I'd contact the landlord, explain the situation, buy out the lease, and tell the bum to hit the street! It'll cost you, but it sounds like it'll be money well spent if you could close this chapter once and for all.
if you are on the lease you are just as responsible as he is regardless of who actually stays there, this is why you should have had him sign a promisary note to protect yourself, take him to small claims court and let the judge figure it out. its all situational
When you left him you should have informed the landlord to remove your name off the lease. Call the landlord and tell him what is going on.. if your ex has paid the rent all this time you might be able to get out of it if you get your name off of it now!
You damn right you gotta pay. I know you ain't living there, but your name's on the lease. Regardless of his motives, you are bound by a contract.
Unfortunately, the landlord will not care what verbal agreement you had between yourself and your ex. All they care about is getting the monthly rent on time no matter who pays and will hold whoever's name is on the lease responsible for getting the rent to them.





An agreement in writing would have definately protected you from spats on who's responsible for what portion.





Hope things go well and all I can say is live and learn.

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