What to do if I’m leasing an apartment and need to break the lease early?

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What to do if I’m leasing an apartment and need to break the lease early?

My name is the only one on the lease. My live-in boyfriend (and son) are living with me but haven’t paid any rent. I am ending the relationship while he is away and need to know what my rights are. I’m trying to limit my liability if he gets angry and defaces the apartment. However, a friend tells me that in my state a guest that stays for 30 nights has rights, so I can’t just move his items into storage and give him the key (as planned). I’m trying to limit my liability as much as possible but don’t want to break any laws. Do I need to officially evict him (even though I’m a tenant)? And if so, how much time do I have to give him to leave? The wealthy landlord frowns upon subtenants.

Asked on December 21, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you serve your boyfriend who is not on the lease with a thirty (30) day notice of termination of the lease and hope that he moves out in that time. If he does not, yo will need to evict him. For that, you will need to consult with a family law attorney. Once evicted, you will need to consult with your landlord as to subleasing the unit or buying out the balance.


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