Legal Question in Civil Litigation in New York

co-habitant leases

My girlfriend and I along with our son, shared an apartment for the past 19 years. The lease was in her name for the entire time, and we split the rent evenly. She recently left the two of us and I was forced to pay the entire rent for the remaining 6 months of this lease. Can I recover 1/2 of the remainder of the lease?

Asked on 2/06/07, 3:01 pm

2 Answers from Attorneys

Bunji Fromartz Fromartz Law Offices

Re: co-habitant leases

I do not agree with Mark. Unless she moved out on mutual agreement you should be able to recover her share of the rent.

Also is your child still a minor? Child support may be an issue also.

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Answered on 2/08/07, 1:50 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: co-habitant leases

I really doubt it, because you did live there. Had you lived somewhere else, and still been responsible, that would be different.

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Answered on 2/06/07, 4:30 pm

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