What can I do if I have a lease under both mine and my husband’s names but we are now separating?

I have 2 minor children and my funds aren’t sufficient to afford the rent on my own. I’ve notified my situation to the landlord and told her I will have to move out. Although she has 2 deposits she still said I will be responsible for every month she is not able to rent the place and will send me to court.

Asked on October 11, 2011 under Real Estate Law, Florida

Answers:

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

Answered 9 years ago | Contributor

Unfortunately, while I sympathize with your situation the law does not. A contract is a contract; and a lease is a contract. If you move out you will still liable for the rent. The fact is that when a lease is signed all tenants become legally responsible for it. This is called "joint and several liability". Accordingly, if one tenant doesn't pay their share of the rent than the other tenant is liable for it.

Note: You are entitled to reimbursement from your husband for any money that you are out-of-pocket as a result of his non-payment.


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