Joint leases

This is a discussion on Joint leases within the Real Estate and Property Law Questions forums, part of the Legal Questions & Answers Forum category; Girlfriend and I signed a 1 year lease. We broke up, she asked me to move out. When I said no, she filed order of protection against me to make ...

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  1. #1
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    Joint leases

    Girlfriend and I signed a 1 year lease. We broke up, she asked me to move out. When I said no, she filed order of protection against me to make me move. Am I now still obligated to pay rent when she had me removed from property?


  2. #2
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    If your name is on the lease, you still have a legal/contractual obligation. It may be possible for you to sue your ex-girlfriend after the fact but that is a separate issue. An order of protection would not just be granted without justification so there are likely other facts here you are leaving out.
    I am not a lawyer, this is not legal advice.

  3. #3
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    You are NOT obligated to pay rent beginning with the day you were forced out of your home. Whether you were forced out by the girl friend or by a Sherriff is immaterial. The point of real estate law is that you are being denied enjoyment of your apartment. Technically, the order of protection breached the private contract between you, your friend and the landlord over which you had no control or at least over which is in controversy.

    Now, you certainly have an order of protection against you which prevents you from entering the apartment so long as your friend occupies. A perfect reason for breach of the rental contract. You can sue for breach of contract should the landlord sue you for rent.

    This is one of those situations where "possession is 9/10s of the law". She has possession, you are denied possession. She pays.

    I base my theory on the root common law "A man's home is his Castle".
    Last edited by Cahoonzie; 01-30-2012 at 02:41 AM.


 

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