If my husband is living at our old rental month-to-month, am I still responsible to pay rent if I have not lived on the premisesfor 2 years and the original lease expired?

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If my husband is living at our old rental month-to-month, am I still responsible to pay rent if I have not lived on the premisesfor 2 years and the original lease expired?

My ex-wife continued to live in our rented home after we divorced and I moved out 2 years ago. We had an arrangement where I still sent the rent each month with checks from our joint account with both our names and the homes address. Sometimes sent with my address and just my name separate account. The lease had expired 3 years ago and was month-to-month. My ex moved out and did not pay the last month rent. The landlord, her aunt who knew of the divorce and that I did not live there, says she’s going to sue me for the last month rent since my name is on the expired lease. Will the law say I have to pay?

Asked on December 8, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the original lease for the former rental that you had with your former wife is on a month-to-month basis is still residing in the unit belonging to her aunt, where you moved out years ago, you would not be responsible for any unpaid rent.

The key is whether or not the landlord knew of your move out. Most likely, the aunt landlord knew about your move out and end of the written lease. Whether or not your name is on the expired lease does not matter. What matters is that you have not resided in the unit on a month-to-month basis for years.


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