If my wife secured a protection order and has moved out of our rental home, is she still responsible for her half of rent and utilities until the lease expires?

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If my wife secured a protection order and has moved out of our rental home, is she still responsible for her half of rent and utilities until the lease expires?

My landlord is wanting me to sign a new lease releasing my wife of her obligations to the rental unit. We both signed the lease that doesn’t expire for another 6 months. A big problem is that my wife used the security deposit for her rent last month while I was away and used up all the heating oil which it states in the lease that the tank is to be filled at the time we vacate the premises. I am out the $1,000 for security and the $1,250 that it is going to cost to fill the oil tank. Is my wife responsible for any of it until the lease expires?

Asked on March 11, 2012 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you and your wife signed a document where you both are responsible for the balance of six (6) months remaining on the lease, you both both are obligated on the lease until its term ends as written.

Unless you have a written agreement to the contrary with your wife, she would be responsible for all expenses incurred with respect to the lease presently in effect that you are writing about. However, if you sign a new lease and she does not, then you would be responsible for the obligations under that lease.


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