Legal Question in Landlord & Tenant Law in Maryland

my boyfriend and I are both names on a rental lease. but he is moving out. Is he responsible for paying the rent


Asked on 2/15/12, 8:49 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

The answer to your question is contained in the lease, so it's impossible for me to give you a 100% definite answer unless I read it. However, it's likely (not definite, but likely) that since you are both named tenants on the lease, the landlord can seek rent from you, your boyfriend, or both. In other words, if your boyfriend disappears then the landlord will likely look to you for the entire rental amount. It would then be up to you to sue your boyfriend to recover his portion that he owes. The fact that he moves out does not relieve him from his duty to pay his portion of rent; however, it does not relieve you either from paying the entire rent when the landlord comes knocking. Put yourself in the landlord's shoes -- why should the landlord only accept 1/2 the rent because you are having relationship issues? Your personal problems are not his problems. You and your boyfriend signed a CONTRACT together. He can't get out of it by simply deciding to walk away. If you end up paying all the rent yourself, do so by personal check so you can keep very clear records on what you paid. That way you can sue your boyfriend in small claims court if need be.

As an aside, this is a good lesson for you -- don't even rent or own with a significant other unless you are married to that significant other. These types of things rarely end well.

Best of luck.*****The above is for informational purposes only and does not establish an attorney-client privilege.*****

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Answered on 2/16/12, 11:41 am


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