FHB Logo Facebook LinkedIn Email Pinterest Twitter X Instagram Tiktok YouTube Plus Icon Close Icon Navigation Search Icon Navigation Search Icon Arrow Down Icon Video Guide Icon Article Guide Icon Modal Close Icon Guide Search Icon Skip to content
Subscribe
Log In
  • How-To
  • Design
  • Tools & Materials
  • Restoration
  • Videos
  • Blogs
  • Forum
  • Magazine
  • Members
  • FHB House
  • Podcast
Log In

Discussion Forum

Discussion Forum

lease dispute

mrfixitusa | Posted in General Discussion on February 26, 2006 06:06am

I have a friend who moved into an apartment 6 months ago with her boyfriend. Things didn’t work out and after 3-4 months she moved out.
The lease is 12 mo’s.

She continued to pay her share for a couple of months and asked the ex-boyfriend to find a roommate. He refused and has taken the position she will continue to pay her portion of the rent even though she no longer lives there and for the next 5 mo’s or so until the lease ends.

She has offered to pay for a newspaper ad to help her ex find a roommate or even a new apartment. He refuses to do either of these.

Her part of the rent is $300 per mo.

Does anyone know what legal options she may have to resolve this situation?

Does she need to go to small claims court?

Does she have legal grounds to break her lease and walk away?

Thanks for any help.

.

++++++++++++++++
-Do the thing you fear and the death of fear is certain-
Reply
  • X
  • facebook
  • linkedin
  • pinterest
  • email
  • add to favorites Log in or Sign up to save your favorite articles

Replies

  1. DanH | Feb 26, 2006 06:08am | #1

    She's probably on the hook.

    If ignorance is bliss why aren't more people

    happy?

    1. boulderbuilder | Feb 26, 2006 06:16am | #3

      the terms of the lease should spell all of that out without question.  typically, lessees and mortgagees are independently responsible for 100% of the obligation no matter if there is one or ten people on the document.

      small claims court is typically where a rental issue is resolved.

      Dave

  2. tashler | Feb 26, 2006 06:12am | #2

    Did she sign the lease?

    For our building here in NJ, one person signs as the lessee, or person responsible. If that ain't her, quit wasting her time and tell him to work some OT or get a roomie.

    But, things could be different there in the heartland.

    1. mrfixitusa | Feb 26, 2006 06:22am | #4

      Yes she signed the lease. Her position is that the boyfriend has a responsibility to "mitigate damages" meaning he has a duty to try to resolve this by either moving into a his own place, getting a roommate, or paying the rent himself.She's also considering that she will stop paying her rent and asking the landlord to go ahead and evict her and the roommate. She could then pay for a newspaper ad to find new tenants..++++++++++++++++
      -Do the thing you fear and the death of fear is certain-

      1. Piffin | Feb 26, 2006 07:22am | #5

        If she sighned a lease, she is wrong to break it and not pay the landlord. It is not the owner's fault that she changed her mind about her romance 

         

        Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!

      2. blue_eyed_devil | Feb 26, 2006 07:52am | #6

        Mrfixit, residential leases are easy to break. Most landlords would be fine with a voluntary moveout if the tenant decides to stop paying and force an eviction.

        If she signed the lease and the boyfriend moved in, that might be construed as a sublease. He might have rights. If the lease contained a clause that prohibited subleases ( most residential leases would prohibit sub leasing), then maybe he wouldn't have any rights because it would breach that contract.

        Personally, I'd stop paying and let him pay it all or I'd get him evicted and stay there myself. It sounds like the ex is taking advantage of her and likes having a two person apt alone. Don't enable him.

        blue 

      3. User avater
        BillHartmann | Feb 26, 2006 07:57am | #7

        Piffin is right.The landlord has nothing to do with any agreement that they had between themself. He will go after them BOTH.She can't use the landlord to settle her dispute with the x-friend.Same thing happens all the time in divorces.One is suppose to pay the credit card debits or pay the house mortgage.But if they don't and account is in both name the bank will go after the other spouse. The divorce only affect what goes on between the two. It does not affect the relation that they had with the bank.

  3. User avater
    trout | Feb 26, 2006 08:16am | #8

    Does she have legal grounds to break her lease and walk away?

    From what I've gathered while living in a few different states it's fair to say it varies all over the place as to who gets screwed in the end if things go bad.

    What does her lease say?  She's signed a contract that probably spells out a few things such as the who, what, when and how of breaking the lease.

    Can she put it all out on the table for the property manager and simply ask for their guidence and direction on how to both fulfill the current financial obligation to the owner and get out from subsidizing the ex boyfriend?  A few friends of mine with rentals would probably side with her and pressure the boyfriend to sign a new lease reflecting the fact that the conditions have changed with only one person habitating the apartment.

    Going to small claims court is quick and easy so she wouldn't have much to lose, although the judge probably won't let her get out of the lease.  She may be able to get some relief from the boyfriend if he's the cause of making the living situation unworkable.  Just don't go to judge judy or we all know she'll get chewed out and thrown out the door.  :-)

     

    1. Piffin | Feb 27, 2006 07:42am | #19

      I can't begin to imagine that she would have any basis for a claim in small claims court. How has she been deprived? or Defrauded? She is the one looking to deprive somebody else of what is due them.The way for her to end up in court is to quit paying the rent and let theem come after her. She has no leg to stand on either way, based on what is presented here.I understand that there are extenuating circumstances on a personal and maybe even moral level, but that has nothing to do with her legal debts and dues that she already made promise on. The guy isprobablyu a twirp and she is better off away from him, but his twirpiness does not release her bond. 

       

      Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!

      1. User avater
        trout | Feb 28, 2006 07:40am | #21

        I can't begin to imagine that she would have any basis for a claim in small claims court. How has she been deprived? or Defrauded? She is the one looking to deprive somebody else of what is due them.

        As far as the lease with the property manager goes, we both agree that there isn't much the girl can do to change those terms.

        It's not so much that she wants to get away with something for free, but that she entered into an agreement to occupy a rental in return for $xxx.  If it is impossible for her to recieve the benefit of occupying the space do to the actions of another then there is a chance, however small, that the judge would consider it reasonable to expect the boyfriend to compensate her for the loss of use--essentially her half of the rent.

        1. DanT | Feb 28, 2006 01:21pm | #22

          This situation is far more common than you realize.  Frankly unless the guy did something really violent I imagine most small claims judges would pass on the situation.  Going under the theory of: you got yourself in the mess, pay to get out of it and you will learn something.  

          I have landlorded for 20 years and have seen this situation at least 6 times.  My stance has always been I don't care who pays, but someone has to.  In our state the list of evictions that is public record is a powerful incentive to work it out among yourselves as most landlords don't rent to someone that has had an eviction.  Although some will after 5 years.  DanT

        2. Piffin | Feb 28, 2006 04:36pm | #23

          Well, I understand the other factors, and agree with others that as a practical thing, the landlord might be willing to ease off onher if the place can be sublet again, but as long as the guy is ion there and the rent paid, he can't be evicted and she has a legal obligation that I doubt the judge would let her skip on. 

           

          Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!

          1. User avater
            trout | Mar 01, 2006 05:38am | #25

            She will think twice before shacking up with a new boyfriend again.  :-) 

  4. ponytl | Feb 26, 2006 08:31am | #9

    on all my leases i get as many people as i can to sign for them... if one doesn't pay then one will...   then they need to fight each other,  i didn't pick their partner or friends...  

     if her name is anywhere on the lease the last thing she wants to do is not let the rent get paid....  if dude is an #### and doesn't care about his credit  and has nothing to sue for... he might pocket her half of the rent not pay the rent at all  ride it out as long as he can... and she'll still have to pay.. plus all the fees lawyers evection ect... they will sue the one who they can...  A. find and B. collect from so she might end up... pay'n double....  the flip side to that is... if both names are on the lease and he cares about his credit  she could stop paying him anything and if he cared at all he'd need to find a way to pay...  that or as long as she is pay'n half the rent and her name is on the lease she should spend alot of time there... really do if he has dates... or invite some homeless people to spend the nite in her room... or move back in with her new boyfriend...  lots of options...  but in the end she still has to pay half... her bad choice...

    p

    1. DanT | Feb 26, 2006 12:43pm | #10

      All the advice above is good basic information and wonderful moral lessons.  The fact is however it simply depends on your state laws.  Each state governs tennant/landlord relationships differently.  Either go to the library, google it or if you know a landlord in your home state give them a call.  They can let you know what is possible and what is not.  DanT

      1. mrfixitusa | Feb 26, 2006 03:04pm | #11

        Thanks to all for the excellent advice.I don't know if I made it clear or not but both names are on the lease. Also, the apartment is two bedroom. Also, she paid two months rent in deposits prior to moving in.I didn't go into a lot of detail previously but the woman I'm refering to had handled the difficult situation responsibly. She contacted the property management company and talked with them several months prior to moving out. They were very understanding of her circumstances and situation.She did not leave because she didn't like the color scheme of the apartment. She was incompatable with the boyfriend and when the relationship ended she had become so distraught she ended up in psychological counseling to deal with her emotions - sadness, etc.It was pretty rough on her.The property management company is fully aware of the situation and will gladly work with her as she pays the costs of finding either a new roommate or new tenant. What's interesting is her new apartment is with the same property management company. It's in a different building though.I would like to see her go to small claims court and get it resolved. If she wins that's great. If she loses she can continue to pay and maybe start getting some use of the room she's paying for. Mayber she could do something good for humanity and let homeless people start staying there. I guess another option for her to sublease the apartment. Maybe she could rent it for more than what she's paying.I was talking with a friend last week. He owns rentals and he suggested she offer full cooperation for a month or two and if the ex-roommate won't be reasonable she should simply stop paying.He indicated her worst case scenario is to lose in small claims court and then either pay or have a judgement against her. He commented it likely would never go that far as she would just lose her deposits and then it's over.He indicated as a general rule most landlords don't go to court as it's too costly and time consuming. They just keep the deposits, find new tenants, move on.Thanks again and I appreciate all the comments and suggestions. There is a wealth of knowledge here on this message board..++++++++++++++++
        -Do the thing you fear and the death of fear is certain-

        1. girlbuilder | Feb 27, 2006 03:09am | #12

          Can the idea of doing good for humanity and letting homeless people stay there unless she wants to shoulder the cost of damages to the apartment and possibly her reputation.From my experience in managing property in this state, (new england area), if you signed a lease, you are liable for your portion, or possibly the entire rent remaining whether you decide to move out or not. Most landlords will usually charge a month or two until they get the place rented again, plus any cost incurred in preparing for the next rental (repairs, cleanup). Since she paid two months deposit and also assumed the responsibility of continuing to pay her share once she left, I think she'd have a hard time arguing in court that she should just up and decided that she paid enough and won't be responsible for the remainder.As for boyfriend, if he's a deadbeat and not paying his share, owners will probably and can, boot him anyway. You should be able to get a copy of tenant/landlord laws at your local library or by talking with someone at the small claims court in your district.

        2. strokeoluck | Feb 27, 2006 03:28am | #13

          He indicated as a general rule most landlords don't go to court as it's too costly and time consuming.

          Your friend is exactly right. I owned a rental for 13 years and did the same thing. Early in my rental "career" I took a few folks to court, and quickly realized that even if you DO win, it's a hollow win because either a) the judge gives you a lot less than you deserved, and/or b) it's virtually impossible to collect from people - nor is it worth the time. If I were her I'd send a certified letter to the ex and CC the property manager, laying out what she's already offered, how much she's already paid for a place that she's not utilizing, etc. Then I'd give him 30 days to find a new tenant, and after that she stops paying her half of the rent. She's probably going to lose her two months deposit, but I guess that's life.

          Given her emotions it might be wise to let someone else write this firm letter (YOU?).

          - Rob

          1. DanH | Feb 27, 2006 04:25am | #14

            > He indicated as a general rule most landlords don't go to court as
            > it's too costly and time consuming.My son had a landlord who didn't go to court because no one could ever find him to serve him with a summons. (My son and his roommates were trying to get their deposit back after the building was condemned.)

            If ignorance is bliss why aren't more people

            happy?

          2. brownbagg | Feb 27, 2006 05:08am | #15

            I was living in Columbus Ohio with my dad. He had a 12 month lease on an apartment with only three months on the lease. He got transfer by his company to corpus christi tx. They would not break the lease. We ask if they could renyt it out. There reply was "why ,you got pay 12 months" We lost we had to pay for 12 months. No way out.. 2+3=7

        3. jeffwoodwork | Feb 27, 2006 05:21am | #16

          The other thing is make sure she is paying the landlord directly for her share and not her ex.  Which I am guessing she is.  Also since the LL is already aware of the situation might see if she can get them to do some sort of walk through to see the condition of the place now.  In 5 months her ex-boyfriend may trash the place and have her on the hook for that, but that is what the two months deposit is for.

           

          1. ponytl | Feb 27, 2006 07:05am | #17

            heck I've all but never found anyone who had enough money for a 2 month deposit... 1month if i'm real lucky

            p

        4. Piffin | Feb 27, 2006 07:47am | #20

          Sounds like she might be able to mount a case for mental abuse or something, but that has no bearing on this rental. 

           

          Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!

        5. VTNorm | Mar 01, 2006 05:04am | #24

          As others have said, I, too, believe she's on the hook for the rent. But since she's talked to the management company and they've been willing to work with her and get her another apartment won't they work with her to get the old lease re-worked, i.e., get it in the ex-boyfriends name only? As a negotiating point, it might be worth it to let them keep the security deposit in his name just to end it.

          Even though they weren't married it's just like a divorce - 'taint easy nor cheap to get out of it and move on.

          -Norm

          1. blue_eyed_devil | Mar 01, 2006 08:24am | #26

            I agree Norm. The lady needs to discuss the options with the landlord. If the landlord is good to her, he'll probably win a customer for a very long time. If you were a landlord, who would you want to keep happy, a guy that wants to live free, or a woman who just wants to pay  her own way through life.

            I'd want the woman for my long term customer.

            blue 

          2. mrfixitusa | Mar 01, 2006 12:11pm | #27

            My friend has applied for assistance with state funded legal services and she'll know more in a week or two. Right or wrong and legal or not, she simply doesn't have the money to pay rent in two places.It's going to be interesting to see what transpires over the next month or two..^^^^^^"and that's all I've got to say about that"

  5. Mooney | Feb 27, 2006 07:34am | #18

    Again she needs to check on state law .

    She should have already filed against her room mate and let a judge hear it .

    If she doesnt pay the landlord , one of two things will happen.

    1. The boyfriend will pay the rent

    2. The boyfriend will be evicted and it will end the costs what ever they may be . In my state if I rented the place a remaining 3 months of the lease I could not recapture double . Its against the law. If I had an empty place I would rent it becuse as others have said I dont stand a good chance of getting paid by the previous tennants. If I was unable to rent it for the remaining 3 months then they would certainly owe me .

    In my lease which doesnt count here ;

    When it rents again thats stops charges.

    She needs to know that .

    Tim

     

Log in or create an account to post a comment.

Sign up Log in

Become a member and get full access to FineHomebuilding.com

Video Shorts

Categories

  • Business
  • Code Questions
  • Construction Techniques
  • Energy, Heating & Insulation
  • General Discussion
  • Help/Work Wanted
  • Photo Gallery
  • Reader Classified
  • Tools for Home Building

Discussion Forum

Recent Posts and Replies

  • |
  • |
  • |
  • |
  • |
  • |
View More Create Post

Up Next

Video Shorts

Featured Story

Guest Suite With a Garden House

This 654-sq.-ft. ADU combines vaulted ceilings, reclaimed materials, and efficient design, offering a flexible guest suite and home office above a new garage.

Featured Video

A Modern California Home Wrapped in Rockwool Insulation for Energy Efficiency and Fire Resistance

The designer and builder of the 2018 Fine Homebuilding House detail why they chose mineral-wool batts and high-density boards for all of their insulation needs.

Related Stories

  • Podcast Episode 690: Sharpening, Wires Behind Baseboard, and Fixing Shingle Panels
  • FHB Podcast Segment: Hand Tool Sharpening Tips
  • Old House Air-Sealing Basics
  • A Drip-Free, Through-Window Heat Pump

Highlights

Fine Homebuilding All Access
Fine Homebuilding Podcast
Tool Tech
Plus, get an extra 20% off with code GIFT20

"I have learned so much thanks to the searchable articles on the FHB website. I can confidently say that I expect to be a life-long subscriber." - M.K.

Get home building tips, offers, and expert advice in your inbox

Signing you up...

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
See all newsletters
See all newsletters

Fine Homebuilding Magazine

  • Issue 332 - July 2025
    • Custom Built-ins With Job-Site Tools
    • Fight House Fires Through Design
    • Making the Move to Multifamily
  • Issue 331 - June 2025
    • A More Resilient Roof
    • Tool Test: You Need a Drywall Sander
    • Ducted vs. Ductless Heat Pumps
  • Issue 330 - April/May 2025
    • Deck Details for Durability
    • FAQs on HPWHs
    • 10 Tips for a Long-Lasting Paint Job
  • Old House Journal – August 2025
    • Designing the Perfect Garden Gate
    • Old House Air-Sealing Basics
  • Issue 329 - Feb/Mar 2025
    • Smart Foundation for a Small Addition
    • A Kominka Comes West
    • Making Small Kitchens Work

Fine Home Building

Newsletter Sign-up

  • Fine Homebuilding

    Home building tips, offers, and expert advice in your inbox.

  • Green Building Advisor

    Building science and energy efficiency advice, plus special offers, in your inbox.

  • Old House Journal

    Repair, renovation, and restoration tips, plus special offers, in your inbox.

Signing you up...

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
See all newsletters

Follow

  • Fine Homebuilding

    Dig into cutting-edge approaches and decades of proven solutions with total access to our experts and tradespeople.

    Start Free Trial Now
    • Facebook
    • Instagram
    • X
    • LinkedIn
  • GBA Prime

    Get instant access to the latest developments in green building, research, and reports from the field.

    Start Free Trial Now
    • Facebook
    • YouTube
  • Old House Journal

    Learn how to restore, repair, update, and decorate your home.

    Subscribe Now
    • Facebook
    • Instagram
    • X
  • Fine Homebuilding

    Dig into cutting-edge approaches and decades of proven solutions with total access to our experts and tradespeople.

    Start Free Trial Now
    • Facebook
    • Instagram
    • X
    • LinkedIn
  • GBA Prime

    Get instant access to the latest developments in green building, research, and reports from the field.

    Start Free Trial Now
    • Facebook
    • YouTube
  • Old House Journal

    Learn how to restore, repair, update, and decorate your home.

    Subscribe Now
    • Facebook
    • Instagram
    • X

Membership & Magazine

  • Online Archive
  • Start Free Trial
  • Magazine Subscription
  • Magazine Renewal
  • Gift a Subscription
  • Customer Support
  • Privacy Preferences
  • About
  • Contact
  • Advertise
  • Careers
  • Terms of Use
  • Site Map
  • Do not sell or share my information
  • Privacy Policy
  • Accessibility
  • California Privacy Rights

© 2025 Active Interest Media. All rights reserved.

Fine Homebuilding receives a commission for items purchased through links on this site, including Amazon Associates and other affiliate advertising programs.

  • Home Group
  • Antique Trader
  • Arts & Crafts Homes
  • Bank Note Reporter
  • Cabin Life
  • Cuisine at Home
  • Fine Gardening
  • Fine Woodworking
  • Green Building Advisor
  • Garden Gate
  • Horticulture
  • Keep Craft Alive
  • Log Home Living
  • Military Trader/Vehicles
  • Numismatic News
  • Numismaster
  • Old Cars Weekly
  • Old House Journal
  • Period Homes
  • Popular Woodworking
  • Script
  • ShopNotes
  • Sports Collectors Digest
  • Threads
  • Timber Home Living
  • Traditional Building
  • Woodsmith
  • World Coin News
  • Writer's Digest
Active Interest Media logo
X
X
This is a dialog window which overlays the main content of the page. The modal window is a 'site map' of the most critical areas of the site. Pressing the Escape (ESC) button will close the modal and bring you back to where you were on the page.

Main Menu

  • How-To
  • Design
  • Tools & Materials
  • Video
  • Blogs
  • Forum
  • Project Guides
  • Reader Projects
  • Magazine
  • Members
  • FHB House

Podcasts

  • FHB Podcast
  • ProTalk

Webinars

  • Upcoming and On-Demand

Podcasts

  • FHB Podcast
  • ProTalk

Webinars

  • Upcoming and On-Demand

Popular Topics

  • Kitchens
  • Business
  • Bedrooms
  • Roofs
  • Architecture and Design
  • Green Building
  • Decks
  • Framing
  • Safety
  • Remodeling
  • Bathrooms
  • Windows
  • Tilework
  • Ceilings
  • HVAC

Magazine

  • Current Issue
  • Past Issues
  • Magazine Index
  • Subscribe
  • Online Archive
  • Author Guidelines

All Access

  • Member Home
  • Start Free Trial
  • Gift Membership

Online Learning

  • Courses
  • Project Guides
  • Reader Projects
  • Podcast

More

  • FHB Ambassadors
  • FHB House
  • Customer Support

Account

  • Log In
  • Join

Newsletter

Get home building tips, offers, and expert advice in your inbox

Signing you up...

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
See all newsletters
See all newsletters

Follow

  • X
  • YouTube
  • instagram
  • facebook
  • pinterest
  • Tiktok

Join All Access

Become a member and get instant access to thousands of videos, how-tos, tool reviews, and design features.

Start Your Free Trial

Subscribe

FHB Magazine

Start your subscription today and save up to 70%

Subscribe

Enjoy unlimited access to Fine Homebuilding. Join Now

Already a member? Log in

We hope you’ve enjoyed your free articles. To keep reading, become a member today.

Get complete site access to expert advice, how-to videos, Code Check, and more, plus the print magazine.

Start your FREE trial

Already a member? Log in

Privacy Policy Update

We use cookies, pixels, script and other tracking technologies to analyze and improve our service, to improve and personalize content, and for advertising to you. We also share information about your use of our site with third-party social media, advertising and analytics partners. You can view our Privacy Policy here and our Terms of Use here.

Cookies

Analytics

These cookies help us track site metrics to improve our sites and provide a better user experience.

Advertising/Social Media

These cookies are used to serve advertisements aligned with your interests.

Essential

These cookies are required to provide basic functions like page navigation and access to secure areas of the website.

Delete My Data

Delete all cookies and associated data