I left my wife and we are renting month to month and I have left her

[ChetH]

Jurisdiction

California

She is a alcoholic and refuses to leave the house. I have moved out and we have no leave, we were just renting month to month. Do I still have to pay the rent? Should I advice the LL to initiate eviction against her or will it have to be both of us.

Also does it matter if I have filed legal separation papers or not?

 

[adjusterjack]

She is a alcoholic and refuses to leave the house. I have moved out and we have no leave, we were just renting month to month. Do I still have to pay the rent?

Well, you don't HAVE to do anything but if your wife doesn't pay, the landlord will evict and seek money from both of you.

Should I advice the LL to initiate eviction against her or will it have to be both of us.

Up to you whether you want to advise the LL about anything but if he isn't getting paid the rent he won't need to told what to do about it.

Also does it matter if I have filed legal separation papers or not?

No.

The LL is not a party to your separation or divorce so he is not bound by anything that happens between the two of you.

On the other hand if your wife stays and the divorce holds her responsible for paying the rent, the LL is not bound by that either and can still come after you both if he doesn't get paid.

 

[leslie82]

Did you tell the landlord you moved out or were planning to do so? Is there a lease? My last apartment was month to month and I signed a lease when I first move in.

I would have went to the landlord said I'm moving out, we're getting divorce, can I get off the lease and how do I do so? She's staying. If you get off the lease, then you don't have to pay rent. But most apartments want some notice if someone is moving out.