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Stuck on lease

Discussion in 'Commercial Landlord & Tenant Issues' started by Honeybaby123, Jun 20, 2017.

  1. Honeybaby123

    Honeybaby123 Law Topic Starter New Member

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    Jurisdiction:
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    So me and my mom got an apartment together, she was the one paying the rent every month because she has the money and I'm 18, still a student. I couldn't handle living with her because she started taking my things, like my car keys and phone for no reason. I couldn't handle it anymore especially because she would smoke in the apartment 24/7 (it was starting to make me sick) so I left to go stay with my friend. Shortly after I left, she moved to Idaho and left the apartment unpaid for and didn't bother taking her name of the lease so that means I couldn't either. I know my credit will probably be affected by this because I had no money to pay the rent. After two weeks she decided to pay after we got an eviction notice. I was relieved because I could finally take my name off the lease , and the apartment managers wouldn't let me without paying the the months rent first. So I went to the office and they still wouldn't let me take it off without my moms signature. And the only problem is that my mom moved away and blocked my number. So I've been stuck with this apartment I don't even live in. I can't stop stressing about it. This has been a total nightmare. I'm only 18 so I can't imagine what it did to my credit and renters history background :(
     
  2. zddoodah

    zddoodah Well-Known Member

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    I'm not sure what you're talking about when you speak of "taking [your or your mother's] name off the lease." That's not something that can happen.

    What was the start date of the lease term, and when does the lease term expire? What was the last month for which the rent was paid?
     
  3. Honeybaby123

    Honeybaby123 Law Topic Starter New Member

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    I'm trying to take my name off the lease because I don't stay there anymore. The start is from January to January. The last month was this month, so June. The next payment is in July.
     
  4. army judge

    army judge Super Moderator

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    Ask the landlord about buying the lease out early.

    See what amount of money will allow BOTH of you to get out of the lease.

    The landlord will be reluctant to allowing either of you to get out of the lease.

    That, however, is possible for a fee.

    Bottom line, nothing will change unless you open discussions with the landlord.

    You have also learned a great lesson, never become a roommate with anyone.

    Life is teaching you WHY any roommate situation is rarely going to work.
     
    Honeybaby123 likes this.
  5. zddoodah

    zddoodah Well-Known Member

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    As mentioned previously, "taking [your] name off the lease" isn't possible.

    January to January or January to December? In any event, you and your mother are obligated to pay rent until the end of the lease term. If you breach the lease and turn over possession of the premises before the end of the lease term, the landlord can keep your deposit and sue to cover unpaid rent. However, the landlord has the obligation to mitigate damages by finding a new tenant.

    It's not clear to me whether or not you have turned over possession yet. If you still have possession, then your best move will probably be to clear the place out and clean it up as best as possible so that the landlord will have minimal expense getting the place ready for the next tenant. Depending on how robust the local rental market is, you'll probably end up owing for a month or two of rent (and hopefully your deposit will cover at least a month). It's called damage control.

    If you've already returned possession to the landlord, then things are largely out of your hands. I agree with "adjusterjack" about discussing a buy-out.
     
  6. mightymoose

    mightymoose Moderator

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    If you signed the lease agreement you promised to pay the rent until next January. You aren't relieved of that responsibility if you decide to move out early.
    Since mom is already out and you apparently can't afford the rent, the landlord MIGHT be willing to let you buy your way out... But if you can't afford the rent you can't afford to buy out the lease either.
    You need to communicate with the landlord and resolve this as best you can because you are right, an eviction at your age will complicate things for you for years.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Uh, that was Army Judge.:D

    But I concur with the suggestion.
     

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