Can my boyfriend move out after 4 months of a 1 year lease, if we are both on the lease and leave me to pay for everything?

Asked on January 24, 2013 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A lease is a contract that cannot just simply be broken. Therefore, you and sue your boyfriend in small claims court for the amounts the you must pay on his behalf because he moved out.

That having been said, unfortunately you are still required to cover the full amount of rent. When you signed the lease, you became legally responsible for all of it due to something in the aw known as "joint and several liability". This means that if 1 tenant doesn't pay their share of the rent then the other tenant(s), either individually or collectively, are liable for it.

If you do go to court and win, you will be granted a judgment against him. Then a notation of the judgement could be placed on his credit report.  So, why don't you inform him of this; that may prompt him to come up with his hsare of the rent. In the meantime, continue to pay the rent in full when due, otherwise you face eviction and potential liability for any rent that your landlord loses.


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