Massachusetts | Landlord & Tenant Law
Legal Question
tenant vs. tenant
My girlfriend and I each signed a one year lease on an apartment. Three months later she asked me to move out,which I did. Am I legally obligated to still pay half the rent?
Legal Answer
|
Read More Answered By: Craig J. Tiedemann |
Re: tenant vs. tenant It depends on what it says in the lease. If the lease says each person who signs it is "jointly and severally" liable for the total rent payment, the answer is you are both liable for the full amount, and the landlord can get it from either one of you or both. But its also unfair to you if she forces you to pay rent when you're not living there or receiving the benefit of the rent payments. You should try to appeal to her sense of fairness, and see if she'll find replacement tenant to get you off the hook (document this in writing, and also make sure the landlord goes along with it). You would be responsible for the rent between the time you left and the time she replaced you with another tenant, assuming she looked reasonably diligently and found a replacement.
If she refuses to look for a replacement, or drags her feet to spite you, she may be responsible for her "failure to mitigate" her damages; in other words, she has a legal duty to make reasonable efforts to find a suitable replacement. If this wound up in court, your liability might be cut off after a month or two, or whatever period of the time court deemed was reasonable period for her to find a replacement. She might be liable for the rest, b/c of her failure to mitigate damages.
You have leverage in that she lives there and has to deal with an unpaid landlord (if you don't continue paying your share). Use this, but gently, as incentive for her to look for and find someone else to move in and pay the other half of the rent. But if the landlord comes looking for your share in the meantime, technically you owe the money, either to him -- or to her, if she covers your share then sues you to get her $ back. |
Top Attorneys in MA
Donovan Hatem LLP
Boston, MA
Questions Answered: 2956
Last Question Aswered on: 2012-05-26
VAUGHN-MARTEL LAW
Boston, MA
Questions Answered: 1899
Last Question Aswered on: 2012-05-17
Joseph M. Murray, Esq.
East Bridgewater, MA
Questions Answered: 1716
Last Question Aswered on: 2012-05-15
Gregory P. Lee, Attorney at Law
Boston, MA
Questions Answered: 1293
Last Question Aswered on: 2009-12-07
Law Office of Alan J. Pransky
Dedham, MA
Questions Answered: 858
Last Question Aswered on: 2012-05-16
Attorney Paul Lancia
Fall River, MA
Questions Answered: 372
Last Question Aswered on: 2011-03-27
Law Offices of Jonas Jacobson
Boston, MA
Questions Answered: 231
Last Question Aswered on: 2012-02-10
LAW OFFICE OF ERNEST T. BIANDO, LLC
Spencer, MA
Questions Answered: 230
Last Question Aswered on: 2012-04-30
Law Office of Robert R. Trant
Cambridge, MA
Questions Answered: 181
Last Question Aswered on: 2008-10-03
Reeves Lavallee, P.C.
Worcester, MA
Questions Answered: 129
Last Question Aswered on: 2012-04-29
Search Questions and Answers


