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Apartment lease and a break-up


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bathtub-row

I have a family member going through this and was hoping for some suggestions. This couple just recently leased a one-bedroom apartment. They’re not married but have been together for about 5 years, they’re both in their late 20’s, no kids. Both of their names are on the lease.

 

The guy now wants out of the relationship. He has been honest with the her - hasn’t cheated or anything along those lines. They’re splitting up but the gf wants him to move out of the apartment since it was his decision to break up. He’s fine with that except that she can’t afford the apt on her own. Now she wants him to pay half the rent until the lease is up, which will be Feb 2020. I’ve told him that I don’t believe she has any recourse to make him pay as long as he can get his name off the lease but, since she can’t afford the rent on her income, it’s unlikely he can get his name off the lease. Since it’s a one-bedroom, she won’t be able to get a roommate either to help with rent.

 

Any ideas? Maybe there’s something I’m not thinking of. He’s going to talk to the apt manager soon about this but getting out of a lease is extremely difficult. The most logical thing to do is that the gf move out and get a place she can afford. But she’s not being rational at the moment. I feel for both of them but it’s turning into a mess.

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Very tricky. I feel for her because of the guy's really bad timing. But she's also making choices which will prolong the agony. The only option I can see is him refusing to move out. He has to tell her that he can't/won't pay two lots of rent.

 

What are their options as cancelling the lease altogether?

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Art_Critic

I doubt he can get his name of the lease.. hence why they have you sign a lease..

 

If I was in his shoes I wouldn't move out and if I did then I would pay my half of the lease unless I could find someone to sub lease it...

 

Sub lease is the only way out without paying for it..

 

The leasing company might let him off the lease with a good story and someone who can cosign for her, like her parents...

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It's unlikely they will let them out of the lease. Whoever moves out will have to pay their share of the lease until the lease is up. That means they're going to have to pay double rent. Since it's only a one-bedroom there's not much you could do about that. So I hope he's planning on moving back to his parents house, or that she is and then you still need to talk to the landlord and get your name off the lease whoever moves so that they don't just automatically renew it in both their names.

 

she can't afford that place herself so she might as well be the one that moves and goes to live with her parents until the lease is up and then gets a cheaper apartment for herself or she just putting off the inevitable.

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bathtub-row

Thanks, everyone. Yeah, I did tell him that his timing really stunk. As far as either of them moving in with their parents, they both live in another city than their parents do, so that would be tough. They’d have to quit their jobs to do that. He solely pays the rent and I think she pays other things - her car note, food, etc.

 

Well, it’s not an easy fix. It’s all just really sad.

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He needs to stick this out. Sleep on the couch for the rest of the lease period. They'd been together for 5 years, decided to move in together and only 4 months into it, HE decides he wants out of the relationship???? He couldn't have done this in January?? I get it, living together is an eye opening experience even for a long-term couple but they've known each other for 5 years!!! He needs to suck it up and deal with it. It's only 9 months.

 

There is always a period of adjustment when couples start living together. They need to sit down and figure out if it's just about that and see if they really could/should continue. If he really wants out, they need to work out a plan to make this doable for 9 months at least. HE wants out and is leaving her in a lurch.

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Given that they are so early on in the lease, it might be cheaper to break the lease than to pay half the rent until next February. It should say in the lease what the penalties are for breaking it, so he should do the math and figure out his best option. It's unlikely he will be able to just be removed from the lease, although it's certainly worth asking.

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PegNosePete

Most rental contracts are "jointly and severally" responsible. This means they are both 100% responsible for paying the rent. The landlord doesn't care who pays what percentage, as long as he gets paid each month he's happy. And if he doesn't get paid he has the option to evict, and then sue either one of them, or both for the unpaid rent, contract break fee, or unpaid rent until the contract ends.

 

The advice I would give is different depending on whether it's him or her you're asking on behalf of.

 

To her, I would say:

I know being dumped isn't nice and you're hurting a lot, but you need to get real. You can't afford to live there on your own, so you need to find somewhere you can afford and either let him take over the lease for the old place, or co-operate with him to terminate the lease with the minimum financial damage. Even if he does agree to move out and carry on paying half the rent, do you really want to be relying on your EX paying your rent for the next 12 months? What if he stops paying? Sure maybe you could sue him (maybe) but you'll still be evicted. And what will you do in 12 months? Why not do that now instead, rather than relying on your EX to support you for 12 months? Aren't you a strong independent woman who don't need no man?

 

To him I would say:

Tell her the above. If she won't get real and start being reasonable then you need to see a lawyer. If you move out and dump her with the whole rent then she will be unable to pay and the landlord will sue you, as well as ruin both of your credit ratings and rental references. Or if she can scrape the rent together somehow, she will sue you herself. Whether she would win that case or not is uncertain but you need to see a lawyer to discuss options and consequences.

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bathtub-row
He needs to stick this out. Sleep on the couch for the rest of the lease period. They'd been together for 5 years, decided to move in together and only 4 months into it, HE decides he wants out of the relationship???? He couldn't have done this in January?? I get it, living together is an eye opening experience even for a long-term couple but they've known each other for 5 years!!! He needs to suck it up and deal with it. It's only 9 months.

 

There is always a period of adjustment when couples start living together. They need to sit down and figure out if it's just about that and see if they really could/should continue. If he really wants out, they need to work out a plan to make this doable for 9 months at least. HE wants out and is leaving her in a lurch.

 

I wasn’t clear on that. They’ve lived together for several years. They just moved to a new place.

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bathtub-row
Given that they are so early on in the lease, it might be cheaper to break the lease than to pay half the rent until next February. It should say in the lease what the penalties are for breaking it, so he should do the math and figure out his best option. It's unlikely he will be able to just be removed from the lease, although it's certainly worth asking.

 

Breaking the lease, in my mind, is not an option. That hangs on your credit and would affect them for years to come. Not to mention, it could end them up in court. It’s a very big deal to break a lease.

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bathtub-row
Most rental contracts are "jointly and severally" responsible. This means they are both 100% responsible for paying the rent. The landlord doesn't care who pays what percentage, as long as he gets paid each month he's happy. And if he doesn't get paid he has the option to evict, and then sue either one of them, or both for the unpaid rent, contract break fee, or unpaid rent until the contract ends.

 

The advice I would give is different depending on whether it's him or her you're asking on behalf of.

 

To her, I would say:

I know being dumped isn't nice and you're hurting a lot, but you need to get real. You can't afford to live there on your own, so you need to find somewhere you can afford and either let him take over the lease for the old place, or co-operate with him to terminate the lease with the minimum financial damage. Even if he does agree to move out and carry on paying half the rent, do you really want to be relying on your EX paying your rent for the next 12 months? What if he stops paying? Sure maybe you could sue him (maybe) but you'll still be evicted. And what will you do in 12 months? Why not do that now instead, rather than relying on your EX to support you for 12 months? Aren't you a strong independent woman who don't need no man?

 

To him I would say:

Tell her the above. If she won't get real and start being reasonable then you need to see a lawyer. If you move out and dump her with the whole rent then she will be unable to pay and the landlord will sue you, as well as ruin both of your credit ratings and rental references. Or if she can scrape the rent together somehow, she will sue you herself. Whether she would win that case or not is uncertain but you need to see a lawyer to discuss options and consequences.

 

Actually, my advice would be the same no matter who’s court I was in - but my relative in this situation is the guy. It’s kind of a no-brainer that he stay and she leaves; or they stay there together until the lease is up. Those basically seem to be the most viable options. My guess is, she’ll get sick of the whole thing and leave.

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I wasn’t clear on that. They’ve lived together for several years. They just moved to a new place.

 

 

Same difference. He needs to man up on this and stick it out for 9 more months. They've been together for 5 years, they can stand it for 9 more months. This will give her time to investigate and check out what options she has for living alone or finding a roommate or something. This would be fair to her. He should have done this 4 months ago before they signed a new lease.

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PegNosePete
Breaking the lease, in my mind, is not an option. That hangs on your credit and would affect them for years to come. Not to mention, it could end them up in court. It’s a very big deal to break a lease.

Well, that depends on the contract. Sometimes there is a break clause outlining the penalties, which would mean they can activate it and pay the fees with no legal action or credit hit.

 

Even if there isn't a break clause, they could speak to the landlord and co-operate with him rather than trying to get away Scott free. Maybe he'll say no, but most landlords would rather find an amicable solution than dragging them through the courts. Being a landlord is stressful enough, who has the time for that? If they talk to him and explain the situation I'm sure they can come to an agreement; most likely, that they pay the re-listing fees and carry on paying the rent until he finds a new tenant to take over. That seems fair to all parties. But how much they end up paying would depend how desirable the apartment is and how long it would take to find a new tenant.

 

Of course both these options rely on them both being reasonable. There's no point talking to the landlord unless they can present a united front. If she's digging in her heels "I'm not moving" then this option is off the table anyway.

 

My guess is, she’ll get sick of the whole thing and leave.

Maybe. But she is hurt from being dumped, and her stubbornness to make it awkward for him may be greater than his patience. Plus she is living for free so her motivation to move out is drastically reduced. I would say continuing to share the apartment is an absolute last resort, and all other options should be tried first.

Edited by PegNosePete
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Breaking the lease, in my mind, is not an option. That hangs on your credit and would affect them for years to come. Not to mention, it could end them up in court. It’s a very big deal to break a lease.

 

I'm not talking about breaking it without the landlord's permission. Every lease I've ever had has had provisions for getting out of it early -- usually it cost a few month's rent or something like that. You work it out with the landlord, based on what the lease says, so it doesn't end up on your credit or end up in court. If the lease doesn't say anything, the landlord might still be willing to work with them to let them out of it early. It's worth asking.

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bathtub-row
Well, that depends on the contract. Sometimes there is a break clause outlining the penalties, which would mean they can activate it and pay the fees with no legal action or credit hit.

 

Even if there isn't a break clause, they could speak to the landlord and co-operate with him rather than trying to get away Scott free. Maybe he'll say no, but most landlords would rather find an amicable solution than dragging them through the courts. Being a landlord is stressful enough, who has the time for that? If they talk to him and explain the situation I'm sure they can come to an agreement; most likely, that they pay the re-listing fees and carry on paying the rent until he finds a new tenant to take over. That seems fair to all parties. But how much they end up paying would depend how desirable the apartment is and how long it would take to find a new tenant.

 

Of course both these options rely on them both being reasonable. There's no point talking to the landlord unless they can present a united front. If she's digging in her heels "I'm not moving" then this option is off the table anyway.

 

Maybe. But she is hurt from being dumped, and her stubbornness to make it awkward for him may be greater than his patience. Plus she is living for free so her motivation to move out is drastically reduced. I would say continuing to share the apartment is an absolute last resort, and all other options should be tried first.

 

We’re not talking about a mom and pop shop here. This is a high rise apartment complex in downtown Austin TX. Actually, the apt could probably be leased out just days after it coming available. However, there’s no assurance that the Apts will work with them - a lease is a lease and they’re not concerned with personal issues. He’s going to talk to the manager soon. That should clear some things up.

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bathtub-row
I'm not talking about breaking it without the landlord's permission. Every lease I've ever had has had provisions for getting out of it early -- usually it cost a few month's rent or something like that. You work it out with the landlord, based on what the lease says, so it doesn't end up on your credit or end up in court. If the lease doesn't say anything, the landlord might still be willing to work with them to let them out of it early. It's worth asking.

 

Got it. That’s still not an option because that would be very expensive. Good reminder about that, though.

Edited by bathtub-row
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They’re splitting up but the gf wants him to move out of the apartment since it was his decision to break up. He’s fine with that except that she can’t afford the apt on her own. Now she wants him to pay half the rent until the lease is up, which will be Feb 2020.

 

 

She's dreaming. He has every right to live there while he is paying.

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If it's a sought after building, then check your contract and see if subleasing is permitted or not. If so, you could both move out, but you'd have to watch the new tenant and have them pay you and then pay the landlord to be sure it was getting done.

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bathtub-row
If it's a sought after building, then check your contract and see if subleasing is permitted or not. If so, you could both move out, but you'd have to watch the new tenant and have them pay you and then pay the landlord to be sure it was getting done.

 

I doubt they want to go down that path. It’s dicey. I think he needs to find out what the manager says. If it means they both have to stay there, then so be it.

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Is your relative (the guy) okay with staying in the apartment like sleeping on the couch until the lease expires? If yes, I don’t see what his ex can do to kick him out. Wouldn’t she be the one who wants to leave the place more?

 

Alternatively, if available, they can transfer to a more affordable studio within the same complex (for a fee perhaps?).

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bathtub-row
Is your relative (the guy) okay with staying in the apartment like sleeping on the couch until the lease expires? If yes, I don’t see what his ex can do to kick him out. Wouldn’t she be the one who wants to leave the place more?

 

Alternatively, if available, they can transfer to a more affordable studio within the same complex (for a fee perhaps?).

 

You’re right - they may be able to switch to a less expensive apartment. Although they may be on the low end already. I’ll let him know about that.

 

I think he’s more than willing to sleep on the sofa if it comes to that. He wasn’t trying to get her to leave in the first place, she’s the one who brought it up. Of course, she’s very hurt and wants to get the break up in motion if that’s what they’re going to do. It’s understandable. I feel for both of them.

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From a quick Google search:

 

Landlord’s Duty to Find a New Tenant in Texas

If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Texas law (Tex. Prop. Code Ann. § 91.006), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Texas requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.

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bathtub-row
From a quick Google search:

 

Landlord’s Duty to Find a New Tenant in Texas

If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Texas law (Tex. Prop. Code Ann. § 91.006), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Texas requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.

 

Excellent info! Thank you.

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PegNosePete
there’s no assurance that the Apts will work with them - a lease is a lease and they’re not concerned with personal issues.

They most certainly are concerned with personal issues when those personal issues could cause them to stop receiving rent and have to drag the tenants through a lengthy and expensive court process to recover it. Any landlord in their right mind would rather work with a tenant to find a solution - especially if that solution means zero losses for them - than go through the legal system.

 

But yeah, if she's in "I'm not moving" mode then there's not a lot he can do. All of the options - breaking the lease early, moving to a smaller apt, etc - would require her agreement and co-operation. If she just says no, then he's gonna be up the creek and no amount of talking to the landlord is going to help.

Edited by PegNosePete
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