stuck on renters lease
I was living in an apartment alone with my kids. I moved out and my ex-husband moved in with the kids. I put his name on the rental (month to month) with mine about 5 months ago. Went to give my 30 day notice and they said I am bound to the apartment complex until my ex-moves out…which he won’t…..what do I do?
Re: stuck on renters lease
Howdy:
If the lease is for a term, you’re responsible for the lease until the end of the term. If the lease is past the initial term, and has converted to month-to-month, then you can move out with a 30 day notice, regardless of what the other tenants do.
If, upon your notice to move, the remaining tenants no longer meet rental requirements (regarding income, &c.), then the landlord may give the entire apartment a 30 day notice to terminate lease.
But, that doesn’t affect your ability to move; or your liability following the expiration of your notice.
You said your ex was added 5 months ago, on a month to month basis. That’s a bit unusual. When we change a lease, we write a new one for a new 1 year term.
Be sure of the terms of the lease. If it’s actually month-to-month, send your notice to the landlord certified, with return receipt. That will cover you. Make sure your move out date is at least 30 days from the day you mailed the letter … the postmark date.
rkr
Robert Restivo
Restivo Law Firm
707 El Dorado Blvd, Ste 1502
Houston, TX 77002