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Old 07-13-2017, 02:39 PM
 
106 posts, read 112,395 times
Reputation: 71

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hello me and my spouse are considered good tenants of apartment for three years never paid late rent both could afford apartment on our own.

We are planning on separating and I have a question about lease in our state the lease states if one tenant on lease moves out the lease is broken.

My spouse would like to stay in the apartment. Last year we had a trial separation and I moved out for 4 months and i let the landlord know and he was ok with everything. Now we have finally decided it is not going to work and we are separating for good and I am moving to another state.

I am afraid when I let the landlord know I am moving out for a second and final time he may lose patience and i do not want to jeopardize my wife staying here for the rest of lease.

Should I just give him a warning i am moving out or should I not give a warning and just move?

D0 you think I am overthinking situation and he will not have a problem with my wife staying. I am willing to stay on lease and not complicate things.
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Old 07-13-2017, 03:03 PM
 
Location: Long Island, NY
1,898 posts, read 2,838,168 times
Reputation: 2559
Talk to him about your situation. He will likely be open to signing a new lease with your only your wife.
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Old 07-13-2017, 03:13 PM
 
Location: The Triad
34,090 posts, read 82,975,811 times
Reputation: 43666
Quote:
Originally Posted by Southbound2017 View Post
both could afford apartment on our own.
i do not want to jeopardize my wife staying here for the rest of lease.
If she can afford to pay on her own the neatest arrangement (for the LL)
is to void the current lease and sign her alone to a NEW and FULL TERM lease.

Quote:
My spouse would like to stay in the apartment.
I am willing to stay on lease and not complicate things.
If the remaining term of the lease is short... the best approach might be to just not say anything.

Moving out doesn't make you any less liable for HER not paying the rent.
So.... as long as she does pay the rent correctly no one will have a reason to care.
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Old 07-13-2017, 03:16 PM
 
106 posts, read 112,395 times
Reputation: 71
there is ten months left on lease we were not able to make a decision when it was time to renew.

the landlord seems nice but I think he does not like to be bothered this is a small building he lives in another city so the one thing i am trying to prevent is pissing him off and the small chance of him saying the lease is broken and us both losing a place.
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Old 07-13-2017, 04:29 PM
 
Location: The Triad
34,090 posts, read 82,975,811 times
Reputation: 43666
Quote:
Originally Posted by Southbound2017 View Post
there is ten months left on lease
the landlord seems nice but...
Remember the movie "shawshank redemption?
Mr. Hadley, do you trust your wife?


https://www.youtube.com/watch?v=bM7MB1pgb9w
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Old 07-13-2017, 04:42 PM
 
106 posts, read 112,395 times
Reputation: 71
lol... i called got it done with he was understanding wife will be living here for rest of lease thanks for advice
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Old 07-13-2017, 04:53 PM
 
3,461 posts, read 4,704,515 times
Reputation: 4033
Quote:
Originally Posted by Southbound2017 View Post
there is ten months left on lease we were not able to make a decision when it was time to renew.

the landlord seems nice but I think he does not like to be bothered this is a small building he lives in another city so the one thing i am trying to prevent is pissing him off and the small chance of him saying the lease is broken and us both losing a place.
Move out if you want but just remember that you are still equally responsible for the lease you both signed until it expires whether you are living there or not. So if the rent doesn't get paid and on time or if any other things in the lease are breached then both of you are equally responsible and both of you can be evicted and have it on your records. Any judgments, etc will be issued in both of your names whether you and your spouse agreed that she would pay the full rent or not.

The LL basically doesn't have to cooperate or change anything in this situation because he knows you are both on the lease and equally responsible until it expires. So either both of you break the lease and pay the penalties or you let her stay there and you move and make sure the rent gets paid and that there end up being no breaches of the lease.

Once the lease is coming up for renewal then, and only then, can you be removed from the lease if she wants to stay. If she does want to stay then she will have to re-qualify with the LL to determine if she alone meets his rental requirements because the original tenant situation has changed. If she doesn't then she will have to move.
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Old 07-13-2017, 05:04 PM
 
3,461 posts, read 4,704,515 times
Reputation: 4033
Quote:
Originally Posted by Southbound2017 View Post
lol... i called got it done with he was understanding wife will be living here for rest of lease thanks for advice
But how is "it done"? He may have just said it was okay that you are moving however, you are still responsible for that lease (see my post above) unless he rewrites it or gives you something in writing to release you from the lease. So I wouldn't count my chickens just yet if I were you.

Otherwise, just by telling you that of course he was understanding because he knows that both of you are fully responsible for the remainder of that lease so it is no shirt off his back.
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Old 07-13-2017, 06:54 PM
 
106 posts, read 112,395 times
Reputation: 71
I am ok being in the lease I understand I am responsible but I am pretty sure wife will not be moving she can't find a safer nieghborhood and she is taking some community college classes near by.

There is not to much financial risk the rent is not high the worse thing that can happen is if she moved which I do not see happening I am prepared to pay in that case . I am responsible.

Thank you for looking out.
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Old 07-14-2017, 05:29 AM
 
10,746 posts, read 26,022,258 times
Reputation: 16033
Quote:
Originally Posted by Southbound2017 View Post
there is ten months left on lease we were not able to make a decision when it was time to renew.

the landlord seems nice but I think he does not like to be bothered this is a small building he lives in another city so the one thing i am trying to prevent is pissing him off and the small chance of him saying the lease is broken and us both losing a place.
Well, you can move and keep your name on the lease, but remember, you'll be held responsible for the rent and condition of the unit....even if you aren't living there.

Why would he pissed off and if he is, so what?

You're not asking for something out of the norm. Contact him and let him know that you and wifey are separating and you'd like to be removed from the lease; wifey would like to remain in the unit. He can either break the lease and issue a new one to wifey (if she qualifies on her own) or he just might writing something up stating that you are no longer on the lease and no longer responsible and all three of you have to agree it and have to sign it.

You won't know what he wants to do until you ask him.
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