New Jersey  |  Landlord & Tenant Law

Legal Question

Asked on: 4/19/13, 12:04 pm

I have a married couple who have separated who are both on the lease. He moved out and the wife now wants him off the lease. Can I give her a new lease with just her?

1 Answer

Answered on: 4/19/13, 12:09 pm by Robert Gleaner

Even though he moved out, he may still consider himself an occupant. As long as full rent is being paid, they both have rights to the apartment. On the other hand, if he is in agreement, you can do anything that all three of you agree upon. You probably should not get involved if they are having a dispute as to possession and allow the Court to decide that issue.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me at 856-546-8010, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Robert A. Gleaner, P.C. 415 S. White Horse Pike Audubon, NJ 08106

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