Attorney question

[Dunit35]

So, as most of you know I got engaged this year. Well it isn't working out anymore and I will be moving back to where I was before.We moved into a house together in July with both of our names on the lease contract. Now, here's the question. She just sent me a message telling me to move my shit and leave or she would move it for me. Do I have to pay my half of the rent even though she kicked me out? I was just going to send the landlord my half when I moved out after the semester so I didn't get into trouble legally.

The landlord told me I was still liable to pay my half even though she kicked me out. Is that true?

[Dunit35]

Originally Posted by GoBo

If the landlord is a complete bitch as you say, she isn't going to give a shit about any pictures. You're responsible for it. I don't think it's even as simple as paying the landlord your half, if she doesn't pay her half you're still liable for it. She needs to leave too.

Re-reading your lease agreement would be a good thing right now, it should be noted somewhere what the penalty is for breaking it. I know it used to be in Nebraska that breaking a lease meant loss of sec deposit and the renter was liable for lost rent for up to 3 mos. But that was a long time ago and laws vary by state.

I called the landlord earlier and she said we both had to pay our halves. She said I could mail her my half that way if she stopped paying she'd go after her. Said she'd get it in writing for me that I'm mailing my half and what not.

[a1na2]

Originally Posted by Dunit35

I am worried about my credit because I am just starting out. Don't want anything to screw my credit up.

I don't want to be allowed to stay...don't want to be here anymore then she does. She just has more going for her in this city then I do. So, I'm the one that said I'd move out and go back to where I was before we met.

You could be totally screwed if she admits that you agreed to move out.

Someone said that you need to read the lease agreement. There might be a loophole that you can use.

[Dunit35]

Originally Posted by Iowanian

Your landlord is a business person, who has payments, taxes, insurance and maintenence costs, depending on the lease you've signed.

Pay up sucka.

clear your pm's man.

[Dunit35]

Originally Posted by a1na2

You could be totally screwed if she admits that you agreed to move out.

Someone said that you need to read the lease agreement. There might be a loophole that you can use.

I've read the lease 100 times tonight. No loopholes in it.

[trndobrd]

When you go by to pick up your stuff, sneak off and do a Najeh Davenport in her room.

[Bugeater]

You're in Oklahoma, right?

http://www.federalrealestate.net/laws/okstatelaw.html

If the tenant wrongfully quits and abandons the dwelling unit during the term of the tenancy, the landlord shall make reasonable efforts to make the dwelling unit available for rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, said rental agreement terminates as of the commencement date of the new tenancy. If the landlord fails to use reasonable efforts to make the dwelling unit available for rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If, after making reasonable efforts to make the dwelling unit available for rental after the abandonment, the landlord fails to rerent the premises for a fair rental during the term, the tenant shall be liable for the entire rent or the difference in rental, whichever may be appropriate, for the remainder of the term.

[a1na2]

Originally Posted by Dunit35

I called the landlord earlier and she said we both had to pay our halves. She said I could mail her my half that way if she stopped paying she'd go after her. Said she'd get it in writing for me that I'm mailing my half and what not.

IF you do that to protect your credit you need to have the landlord go inspect the place NOW. If she admits that you aren't there. My problem would be that you are being denied the use of the residence. I might go to a small claims court and sue the other co-lessee.

Judge Judy ( or one of the clone shows ) might be a way to recoup your money. There are two of the Judges on those shows that are Hot! You might opt for one of those shows. I think the petitioner and respondent split the $5,000 money half and half, minus the judgment that goes to the winning party.

If you played your cards right you could make her look like a stupid biatch all the while getting your 15 minutes of fame.

[Dunit35]

Originally Posted by GoBo

You're in Oklahoma, right?

http://www.federalrealestate.net/laws/okstatelaw.html

If the tenant wrongfully quits and abandons the dwelling unit during the term of the tenancy, the landlord shall make reasonable efforts to make the dwelling unit available for rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, said rental agreement terminates as of the commencement date of the new tenancy. If the landlord fails to use reasonable efforts to make the dwelling unit available for rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If, after making reasonable efforts to make the dwelling unit available for rental after the abandonment, the landlord fails to rerent the premises for a fair rental during the term, the tenant shall be liable for the entire rent or the difference in rental, whichever may be appropriate, for the remainder of the term.

Yeah, thats me.

You're going to have to cliff note that...I'm and idiot and don't understand it.

[Bugeater]

Originally Posted by Dunit35

Yeah, thats me.

You're going to have to cliff note that...I'm and idiot and don't understand it.

Basically what is says is, that if you both leave and break the contract, you're liable for any rent for the remainder of the lease, or until the property is re-rented, as long as the landlord makes a reasonable effort to re-rent the property.

[trndobrd]

Originally Posted by Dunit35

I've read the lease 100 times tonight. No loopholes in it.

If you are going to be paying $250+ a month for the next 7 months, it's worth it to pay a couple hundred bucks for a lawyer. Here are a couple issues:

The ex has no legal right to preclude you from the quiet enjoyment of the property. Depending on the laws of your state, you may have legal rights against her for interfering with your lease agreement.

Does the lease indicate if you are jointly leasing?

What are the damages for early termination of the lease. How long is the term of the lease?

How much was the deposit?

[Orlandochiefsgrl]

a nice payback would be to post naked pics of her on CP.

[Dunit35]

Originally Posted by GoBo

Basically what is says is, that if you both leave and break the contract, you're liable for any rent for the remainder of the lease, or until the property is re-rented, as long as the landlord makes a reasonable effort to re-rent the property.

Well then

She said she talked to an attorney about a month ago about getting out of it and the lady said we are screwed until it is over.

Basically, we both leave...break our lease and pay until the landlord finds someone new and if she doesn't find anyone...we just pay until the lease is over in July?

What about credit?

[Bugeater]

Originally Posted by Dunit35

I called the landlord earlier and she said we both had to pay our halves. She said I could mail her my half that way if she stopped paying she'd go after her. Said she'd get it in writing for me that I'm mailing my half and what not.

As el borracho said, get it in writing. If there ISN'T a high demand for rental property in your area, you may be better off doing this then. If there IS a high demand for rental property, you'd probably be better off breaking the lease.

[Bugeater]

Originally Posted by trndobrd

What are the damages for early termination of the lease.

Wouldn't the state laws supersede anything written in the lease?

[Dunit35]

Originally Posted by trndobrd

If you are going to be paying $250+ a month for the next 7 months, it's worth it to pay a couple hundred bucks for a lawyer. Here are a couple issues:

The ex has no legal right to preclude you from the quiet enjoyment of the property. Depending on the laws of your state, you may have legal rights against her for interfering with your lease agreement.

Does the lease indicate if you are jointly leasing?

What are the damages for early termination of the lease. How long is the term of the lease?

How much was the deposit?

This lease, made this 14th day of July 07, between Gamble Property
hereinafter referred to as landlord and her name & my name
hereinafter referred as Tenant, is a binding contract between the listed parties.

That's what the first section of it says.

The lease is for one year beginning in July of 07 and ending July of 08.

Deposit was 550.

No idea on early termination.