Do I have a chance

[angeleyez14384]

I had to move out of my apartment recently, due to me and my boyfriend breaking up. He was angry about the break up so it was hard for me to stay there, because i was afraid of his temper. Now we had just signed the lease and the landlord said he can sign me off the lease. But he won't do it. Now my question is can he sue me for moving out, or only the landlord unless made arrangements with them???

 

[Michael Wechsler]

I had to move out of my apartment recently, due to me and my boyfriend breaking up. He was angry about the break up so it was hard for me to stay there, because i was afraid of his temper. Now we had just signed the lease and the landlord said he can sign me off the lease. But he won't do it. Now my question is can he sue me for moving out, or only the landlord unless made arrangements with them???

This is a very good question and may depend upon the jurisdiction within which you are in. First of all, do you have any police reports with regard to his temper? If not, it will be difficult to prove that you were "constructively evicted" (in essence, evicted by his dangerous actions.) The problem here is that even if the landlord took you off the lease or agreed not to sue you for non-payment, your boyfriend would likely have a right of action against you for indemnification, payment for the portion which you agreed to be responsible per the agreement between you and your boyfriend (as opposed to the lease between you and your landlord.)

In your case there is an additional problem of the release of one party when both parties are bound to an agreement. Both of you are jointly and severally liable under the agreement, meaning that either you or your boyfriend or both are responsible for the entire rent (most likely although could not be sure unless we saw the paperwork.) I cannot remember the exact terms at the moment but the landlord cannot release you without your boyfriend's permission and I believe that doing so may also allow your boyfriend to be off the hook if he wishes as well. This would likely be the case unless you get a "novation" which all parties would release you from liability and continue on their merry way -- but that is doubtfully going to tbe the case.

That's the best that I can do for now. I have created a "roomates" agreement that I sent around the upper west side many years ago which apparently has become used several hundred times!!! This is so that roomates have an agreement between themselves what they will do regarding a lease that they all have signed and how they are expected to act and conduct their business.