I live in NJ. Me and my wife are getting divorce, and I want to get out of apartment lease. How can I do that?
2 Answers from Attorneys
Remember that leases and landlords don't really care what your personal circumstances are. They just want you to maintain the apartment and keep paying rent to the end of the term. If you stop paying and move out, and your wife stops paying, your credit will be affected negatively. So it's not a good idea to just walk out. Most leases provide that each of you are 100% responsible on the lease, not 50/50.
Unless the lease has a provision permitting you to terminate, you can't. If both of you want to leave the apartment, you may be able to negotiate an early lease termination with the landlord. If you succeed, be sure to get something in writing terminating the lease and releasing you from any further obligations.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Do not do anything until you hire a lawyer for the divorce. Call me at 732/773/2768 to discuss.