You need to know how to get out of a lease with an ex if you have your name in it. Otherwise, you are obligated to continue paying even if you no longer live in the apartment.
Your ex may not afford to pay the whole rent, and you do not want to violate the lease. Of course, a lease violation comes with a penalty and will appear in your rental history.
Understand that you also have the renters right to break a lease legally. Unfortunately, breaking a lease can be expensive but possible.
That said, it seems you are stuck in lease with abusive boyfriend or regret signing lease with boyfriend or you’re a boyfriend stuck in a lease with an ex girlfriend. The big news is that you won’t have to be living with an ex until the lease is up.
Who keeps the apartment after a breakup?
At the moment, borh exes are co-tenants. Thus, you can’t evict a co-tenant, even your landlord can’t evict one of the tenant, except for other reasons such ad unpaid rent. You and your ex must come to an agreement regarding who keeps the apartment after a breakup. If you can’t agree with your ex, you may both have to move.
If your ex agrees that you stay or keep the apartment, they will have to notify the landlords and then after they move out, the agreement will be void and you’ll have to sign a new lease with your landlord. Note that the landlord can increase the rent to any amount and can legally make any other changes to the agreement.
So, if you’re wondering “boyfriend left me with lease” or “girlfriend moved out still on lease”, they are still part of the lease and are liable for the rent until a new lease is signed and the old one canceled.
How to get out of a lease with an ex
Consider the steps and options below to get out of a lease with your ex:
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Review your lease
Breaking up while renting is possible, and the first thing you want to do is check your lease thoroughly for any section detailing how you can get out of it. For example, an opt-out clause that allows you to move out early after paying a fee.
Your lease may contain an early termination clause you point to if your landlord does not fulfill their obligations. Ensure to run by a lawyer to make a good decision. However, if your landlord disagrees about violating the lease terms, it could land you in an expensive legal squabble.
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Evaluate the financial and legal commitments
When tenants break up, talk to your property manager to find out about any financial and legal obligations before packing up. Go through the rental agreement with your ex and the leasing agent and look out for fees associated with breaking a lease, when to give a vacating notice, and the subtenants or subletting rules.
After evaluating what to expect, have a timeline to follow, leading up to the day you get out of the lease with your ex.
You also want the security deposit back, and you have the right to get a refund, whether you move out in the middle or end of your lease. If you put forth the money with your ex, inform the landlord or office that they have to issue two checks. Your portion should be mailed to your new address. Follow this guide to know what you need to do before asking for a refund.
Note also that depending on your lease terms and applicable state laws, your landlord can keep all or only part of the security deposit if you break the lease.
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Contact your landlord immediately
Breaking up while renting is neither new nor a big deal, unless your ex is not complying. Meet your landlord and explain the situation. If you are remaining in the apartment, ask for a new lease in your name only. Otherwise, ask to be taken off the lease.
If you are staying in the apartment and your ex is moving out, you need to prove that you can pay the rent yourself. Your landlord will ask for your employment information such as pay stubs. A landlord can also ask for your bank statement but that is up to you to decide to give it to them. However, a landlord cannot get information about your account balance but can ask your bank if the check received from you has sufficient funds.
If your ex moves out, they are breaking the lease. Since you are co-tenants, you also break the lease. Work this out with the landlord as soon as possible to prevent an “Eviction for Cause” notice.
Some landlords do not have a problem with this if you are a good tenant. Besides, it is cheaper and easier for you to stay than for them to re-lease the apartment to a new tenant.
So, how do you write a name to remove a lease letter? Just write to your landlord explaining your current situation and the need to move out. Your landlord will understand the situation and will be willing to work with you to remedy the situation in the best interst of all parties.
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Find someone to take over your lease
You can offer to help find a new tenant to get out of a lease with an ex. If you are leaving the apartment, your ex may not welcome the idea of bringing in someone else. But ensure to discuss the idea of them getting someone else they know in the lease.
It is in your best interest to find a new tenant because a new tenant in the rental takes you off the hook for the remaining rent due in the lease.
If the market is hot, your landlord might even quickly rent out the place to another person who agrees to join the lease.
You or your ex can use social media to post the listing. Ask family, friends, neighbors, and coworkers if they know anyone in need of an apartment as a co-tenant.
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Sublet to avoid breaking the lease
If you cannot find someone to replace the lease, and there are no clauses for opt-out in your lease, consider subletting.
The subletter will cover your full rent. Even if they pay 70-80 percent of your rent, it saves you a lot of money. Lower rent and shorter terms that come with subletting may get you more options. If you sublet the apartment, follow the proper steps with your landlord. Otherwise, your landlord may be able to prove an illegal subletting and have you evicted.
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Pay the lease break fee
Consider paying the lease break fee to prevent it from affecting my credit. This idea is great if it was a one-month rent. You can also ask your ex boyfriend or girlfriend to pay half and be done.
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Divide the home goods
A home you furnish together means you may have to divide the assets after a breakup. The items brought into the relationship must go back with the owner.
The situation is different for furniture pieces you bought together. There needs to be a reasonable negotiation to keep things cordial by sharing the stuff evenly.
If you cannot come to an agreement, consider selling the furniture and décor and split the profits 50/50. Ensure to discuss things of sentimental value reasonably and not out of spite.
How do you get your name off a lease after a breakup?
It’s not a simple process to remove your name from a lease after a breakup but can be done. Now, both your names are on the lease agreement, making you and your ex liable for the rent. To remove your name from the list, a new agreement needs to be signed while the old one is voided. Notify your landlord of the situation for a guide on how you should proceed.
What to do if you break up in the middle of a lease?
It’s simple—go over the rental agreement with your leasing agent and your ex and look out for fees you’d be charged with for breaking the lease. Finally, notify the landlord to provide you with the process to follow for a new lease to be signed, and the old one voided.
Who should move out after a breakup?
Anyone can move out of the apartment after a breakup as long as you’ve both agreed on who stays or leaves. However, whatever you both decide, be certain on your terms. It’s not easy to move out after a break up with a domestic partner but move earlier to avoid problems.
