Strategies to Address Being Bound by a Lease Post-Separation: A Guide for Former Couples

If you and your husband have signed a lease, moved out of the apartment before the move-in date, and then separated, you might be wondering what steps to take. The landlord may not remove you from the lease, or your soon-to-be ex-husband might move in without addressing the situation. In such cases, what should you do?

Consult a Lawyer

The first and most important step is to consult a divorce lawyer. It is unwise to rely on advice from random individuals on the internet. Your lawyer will be able to draft a formal letter to the landlord requesting your removal from the lease early. Sometimes, a lawyer's letter alone can resolve such issues. If the landlord refuses, provide notice that you will not be renewing the lease and that you expect to be removed. Make sure to repeat this notice at least 30 days before the lease expires. Always use certified mail to ensure that you have proof of your communications.

Clean Up Your Legal Status

Separate your household and legally separate from your soon-to-be ex-husband as soon as possible. This step prevents your ex from claiming that you live there when you no longer do. Legally recognizing your personal separation from your ex-husband is crucial.

Financial Planning and Adjustments

If your ex-husband is moving into the apartment and the landlord refuses to remove you from the lease, consider these steps:

Ensure financial security: Put aside money to cover rent in case your ex-husband fails to pay. Lease break fee: Offer a break fee to the landlord. They may have turned away other applicants to accept your joint application, so they cannot realistically expect to change the deal without due compensation.

The landlord is taking on a risk by allowing your ex-husband to move in without your being removed from the lease. This increases the likelihood of non-payment and potential tenant damage. You may need to offer a break fee as compensation for this increased risk.

Inform the Landlord of Your Plans

Inform the landlord formally and in writing of your plans to leave. If your ex-husband fails to pay rent, you could take him to small claims court to recover any debts. However, this should be a last resort and good financial planning can prevent such actions.

Resolution Through Legal Means

If all other methods fail, it may be necessary to address this issue through the legal aspects of your divorce. Separating your joint assets and liabilities will help resolve the situation. This is particularly important if reconciling is not an option.

Do not hesitate to take legal action if necessary. Both your lawyer and the landlord need to be kept informed of your intentions and actions to ensure you are protected and adhere to your legal obligations.

Remember, the key is to take proactive steps, document all communications, and engage legal counsel early in the process. Acting decisively and following legal advice will help you navigate this challenging situation as smoothly as possible.