Separated while leasing a rental, wife moved out, husband wont leave or pay rent

[2cor520]

My husband and I separated while in a 1 year lease on a rental house. I moved out, called the landlord and my husband stayed at the house. My husband will not pay rent and keeps telling the landlord that he will move out in a few days which has been going on for a month now. They are finally going to start the eviction process on Tuesday. Am I legally responsible for the rent since he has been there? I moved out on the 21st of January, the rent was due February 1st and was not paid by my husband. I need advice to know what my responsibility is. I feel like my hands are tied, and there is nothing I can do because he won't leave. Because we are in a lease should I continue to pay the rent while he is there? If I do, he will never leave...if I don't, aren't I responsible anyway? We are both on the lease, I am the signer as my husband was at work when I met with the landlord to finalize the agreement. I am still paying the utilities so that the house is not damaged by the cold weather. Please advise, I am at a loss and can't even afford to hire and attorney to get help, but don't know what to do. Thank you.

 

[Betty3]

If you're on the lease & signed the lease, yes you are responsible for any rent due. You're also in a community property state. (responsible for one another's debts during the marriage)

 

[2cor520]

This is so frustrating! I was hoping there was something legally that I could do since he is the only one there. I guess I am paying his rent today before the landlord begins the eviction process.

 

[mightymoose]

You are responsible unless the landlord released you.
Even so, if you pay the rent he will not move out. Your better option might be to sit back and let things play out. If the landlord ever contacts you demanding payment you can consider options then.

 

[Gail_in_Georgia]

If your landlord files for an eviction, he/she will likely (and should) file in both your names since both your names are on the lease. This means that an eviction will eventually end up on your credit history. Unless your landlord has released you from the lease, you remain responsible for the rent;your marital issues are not the landlords problem.

You need to decide the possible long term consequences of an eviction on your record.

Gail

 

[2cor520]

I agree Gail. As much as I would like to sit back and wait, I also don't want to put any added pressure on my already stressed landlord, and I don't want to ruin my credit. I also don't want to pay my husband's rent while he sits around and drinks his life away. But, the law is the law, and unfortunately I am the one who is losing in this...anyway you look at it. Better to be responsible than to stoop to my husband's level. It is just so frustrating! I want to do what is right, but to do what is right will allow this wrong to continue. But, 2 wrongs won't change that...so I must pay. Thanks for all of the advice, I just don't see any other way since I have nothing legal to stand on and not pay his rent.

 

[Betty3]

I have read many times that breaking your lease is more or less just like not paying a credit card bill - it can really mess up your credit.