Did you sign? If so, you are on the hook and can't get out of the lease. Your husband is not on the hook, though, since he didn't sign.

I respectfully disagree with Mr. Rose. If the intent was to rent to both of you and one didn't sign, the offer was not accepted.

The apartment complex will disagree with Mr. Slater. I believe the wife is on the hook. If a contract is in the name of two parties, and one party signs, is the one party who signed obligated? I believe the answer is yes. In this situation, the LL delivered possession of the property by delivering the keys, and the wife accepted. That is evidence of acceptance of the contract, even if it was not in writing at all.

You should know that not all legal answers are 'black and white' and this is the reason there usually are attorneys on each side who vigorously argue for their clients, both in good faith and under the law as they spin it. It is legitimately arguable.

Also, I think there is a distinction here between whether you are entitled to your deposit back OR whether you are obligated for all the terms of the lease. You may forfeit your deposit, and the LL may not hold you to the lease. That's a possibility. If you want your deposit back, you may very well be SOL if your deposit was to hold the apartment. The LL held the apartment for you - not renting it to anyone else. But, you got to the point where the LL delivered possession to you (gave you the keys), so that evidences an acceptance of the offer and entry into an agreement. If the LL wants to hold you to the terms of the lease, you may have a tough time defending that suit.

Just some thoughts for ya.