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In January my girlfriend(now ex) and I found a new apartment and decided to sign a lease for a year. We had previously been living together at another apartment for 2 years. Long story short I was hesitant to sign the lease because of her drinking problem that day by day was getting worse. Anyway, I'm an idiot and we both signed the lease. Three weeks ago I came home from work and she had been drinking heavily. I asked her politely not to put her beer on the computer. The next thing I know she jumps up from the computer chair with a steak knife in her hand and starts to come after me. Fortunately after wrestling with her I was able to get it away from her without either one of us getting hurt. I called the police and she was arrested. That is the last contact I've had with her. So I have a few questions....1)Can I change the locks even though she is on the lease? 2)Do I have to send a full rent payment every month or just my share because we're both on it? 3)If I'm responsible for the full amount is there anyway that I can break the lease because of the circumstances or am I stuck? I can't afford this place by myself. I really appreciate you taking the time to read and respond to this.
1. No you can not change the locks to deny another legal lease signer and tenat access to their legal apartment.
2. The full amount of the rent is due as promised to the LL on the due date. Both of you signed as legal tenants assuming mutual and individual responsibility for the rent. How you arive at who ows what is not the LL problem, the rent is due in full when it is due.
3. Problems with coming up with the monthly rent is between you and you, not the LL. You can't break a lease without consiquences based on not being able to afford it. If you couldn;t afford it on your own, you shouldn;t have signed and agreed to pay the full rent.
Now for the letter versions.
1a. Have you asked the LL and offered to pay for new locks because you lost the keys? The LL can cange the locaks and provide new keys to a tenant. You will have to give your ex a set when she ask for it.
2a. Unless the lease states that you owe a portion and she owes a portion, you are SOL.
3a. Read your Land lord Tenant codes for your state and local city. Some will have sections dealing with domestic violence and they may allow you to terminate if you follow certain steps. It's not a get away from payment, but a way to end the lease early with minimal penalties based on your safety.
Read the lease. if it states that each tnenant is jointly and severably liable for the rent it means you owe the full amount. The house/apt. rented for a certain amount be it for one or two people.
You can't change the locks.
First thing you need to do is talk to the LL and explain what is going on and get help from the LL in ending the lease in an agreeable and amicable manner.
In quite a bit of states you can break a lease without penalty in cases of domestic violence. What state are you in?
If your state lets you break a lease because of domestic violence, you'll need to get a copy of the police report. Even Arizona makes an exception for domestic violence!
As a LL.. if you told me that your girlfriend came at you with a steak knife and was arrested for it, and that you're going to have trouble paying the full rent on your own, I'd gladly let you out of your lease. You should talk to the ll and explain what's going on.
I agree -- talk to the LL and explain the situation. As stated, check your state and city laws to see if you have some protection. Call the Domestic Violence hot line, or I imagine you've been assigned a Victim Witness Advocate from the police dept -- talk with him or her about your any protections you might have. Best of luck to you.
First you need to get a restraining order against her and then change the locks, but IF you change the locks it also legally means she is not able to live there and can't be held liable for not paying rent.
You signed the lease as well as her and both are liable and the best thing you can do is to talk to the LL and see if the LL is willing to release you and perhaps it will only cost you your security deposit and another month rent.
In FL if a lease is signed by both then both are liable. We had one guy who got a restraining order against him for falsly being accused by his girlfriend. We believed him since she was a wacko and we had all kind of issues with her and so did the contractors. We would never have rented to her but the owner wanted it rented so fast and didn't care to who.
If the judge would grant the restraining order to be extended then she would have been liable by herself since he wouldn't have excess to the home anymore. Since it never went that far both were liable for the rent, and we agreed to have them move out, to avoid bigger issues. But their security deposit was not returned.
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This is domestic violence. In most cases you can change the locks for your own safety. If you don't already have one, get a TRO. This will keep her from returning to the residence. She is entitled under police presence to retrieve any items she needs, medicine, ID, etc. But any other items (furniture, etc) must wait until a court decides and provides access. She will hae to hire an attorney and basically sue you for access which you can require a police presence during the retrival.
Basically it is a big mess.
Easiest to pack her stuff, ask here where she wants it delivered and have someone (not you) take it to her. Wish her a good life and move on.
In some states you can now break a lease under domestic violence conditions.
Actually, let her back in, then you leave. give her the responsibility of the unit. She has created an unlivale situation for you. Go to the LL, ask to be removed from the lease due to the unlivable situation she has created for you.
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