My world got turned upside down today... (Phoenix: real estate, lease)
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Regardless of her leaving, release or being legally responsible to the lease, the entire monthly payment must be made or you will not have a home and may have problems down the road with credit issues or finding another place. I would at least try the roommate thing and see how it works out and salvage what you have.
I'm sorry about this whole situation, man. I can't even imagine how that feels for you. It's bad enough from a financial/credit standpoint... but the emotional part of this is what hurts the worst. Though everyone is telling you to move on, I completely understand how hard it would be to let go (especially since you weren't in the least prepared for that type of situation.)
Surround yourself with friends, focus on the positives in life, count your blessings, try and find someone else to take up the lease with you (if that's the route you're willing to go), and just give it time - though it sounds like complete BS, time does heal things. It may take longer if you dig yourself deeper into an emotional hole, but try and make the best out of any situation and you'll find yourself a happier and much more positive person.
Just think of the experience that could come of this, and what you learned about your ex and her character. Try and stay positive, man.
This really sucks. It only protects the landlord and I have a hard time believing it can be done without both parties signing - one with an OK to release the other. This sticks it to the person who has been kept in the dark about the entire transaction - stinks to high heaven.
I agree with you and do NOT believe a landlord would stick it to the one left in the dark for one second...
Just think about yourself as the landlord. You get a frantic phone call from one of the lessees on your property. They ask to be released.
Doesn't this set off alarm bells that you may not be getting rent in the future? Why on earth would you release ANYONE from responsibility? While its possible a clueless landlord can grant a release, it makes absolutely no sense. You would want as many people to go after as possible to recoop what you are owed.
That doesnt sound normal or legal. If you have 2 people held accountable on a lease, what benefit would a management company have to release either party from the responsiblity when they know they are going to have a broken lease? Sounds foolish to write off anyone that could be held responsible.
It is quite legal.
And a compelling part of HER argument was / is (probably) that she will be in an East Coast state - and to sue her, they would FIRST have to serve her with the lawsuit in that state - under THAT states rules. And suddenly, the costs (unrecoverable) are now mounting.
Then if they obtain a judgment against her, they would have to attempt to collect the judgment under THAT states laws
ETC
The Lessor knows (probably) that they will not do all of that - hence, releasing that Lessees, when there is another lessee in Arizona with the capacity to pay unilaterally, makes sense.
And a compelling part of HER argument was / is (probably) that she will be in an East Coast state - and to sue her, they would FIRST have to serve her with the lawsuit in that state - under THAT states rules. And suddenly, the costs (unrecoverable) are now mounting.
Then if they obtain a judgment against her, they would have to attempt to collect the judgment under THAT states laws
ETC
The Lessor knows (probably) that they will not do all of that - hence, releasing that Lessees, when there is another lessee in Arizona with the capacity to pay unilaterally, makes sense.
Well OK, I guess if you were the landlord you would be threatened by such a compelling argument. I could tell you right now, if I was the landlord I would not. Why should I back down because my tenant says its going to be really complicated to sue them from out of state? If anything it would give me more motivation to make their life a living hell and prove them wrong.
Something tells me the girl wasn't discussing technicalities such as complicated out of state lawsuits.
It might be legal but you would have to be prone to being a dumb@ss to release anyone that owes you any money from any contract you have set up. I'd be willing to bet that the release he has is total BS, unless it turns out it was the landlord she ran away with.
I just guess that because if you think about it logically, the only person who can release someone from a contract is the other party. Both of them signed it so the only one that could authorize a release would be the OTHER person.
You can't release yourself from a contract you signed or whats to stop both parties from simply releasing?
I doubt there is a protocol that whoever calls the mgmt company first has first dibbs on a release.
I agree it sucks, but the contract isn't between the two renters, but between each of the renters and the mgmt company. Each agreed to be 100% responsible to the rent. Each assumed the other would do their part, but that's not in the contract since the property owner doesn't care WHO pays.
As was said, they weren't married, so each can enter and exit legal contracts and financial obligations without the other's consent.
I guess if you want to ditch a lease you just gotta move out of the state, huh?
Well OK, I guess if you were the landlord you would be threatened by such a compelling argument. I could tell you right now, if I was the landlord I would not. Why should I back down because my tenant says its going to be really complicated to sue them from out of state? If anything it would give me more motivation to make their life a living hell and prove them wrong.
Something tells me the girl wasn't discussing technicalities such as complicated out of state lawsuits.
It might be legal but you would have to be prone to being a dumb@ss to release anyone that owes you any money from any contract you have set up. I'd be willing to bet that the release he has is total BS, unless it turns out it was the landlord she ran away with.
I don't know this, but perhaps by releasing HER the landlord is only looking at suing/sending ONE person to collections. Otherwise if both fail to pay the court might order each to pay half, but good luck getting the other half? Again, I dunno and am not an attny, but I have to assume there was some benefit from the landlord's perspective, even if it was just to get an angry/crying woman off his doorstep.
I agree it sucks, but the contract isn't between the two renters, but between each of the renters and the mgmt company. Each agreed to be 100% responsible to the rent. Each assumed the other would do their part, but that's not in the contract since the property owner doesn't care WHO pays.
As was said, they weren't married, so each can enter and exit legal contracts and financial obligations without the other's consent.
I guess if you want to ditch a lease you just gotta move out of the state, huh?
Right, I said in other posts... you would have to be a total dumb@ss to release anyone from a contract that owes you money. Seriously, a mgmt company just releases a person because they shed a few tears and say they want to go home to Boston? Now there is only one person left on the lease who can't afford it and will result in a default.
Why would you eliminate one of your potential ways to recoop what is owed? I think any mgmt company that operates this way surely wont be in business long. Imagine your property mgmt company telling you, the landlord, that they let off one of the parties because they were crying on their doorstep, would you be happy?? If this turns out to be true, please share who does this type of thing so we can all steer clear.
You don't have to sue BOTH just because you can. You could evaluate both and pick the better target. There is NO benefit to releasing a responsible party in default from a contract, period. Otherwise, why put them both on the hook in the first place?
She might have cried domestic violence and gotten sympahty? Some people would fall for that.
In the back of my head I thought the same thing SoBelle! Like maybe there is more going on than you see on the surface.
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