Cheating Girlfriend / Roommate

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HokieHigh

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Hey All,

Unfortunately, I moved into an apartment on a 12-month lease with my girlfriend about 2 months ago only to have her cheat on me 2 weeks ago. Now she is planning to move out next weekend and I am curious as to what my rights are, if any. Specifically, we have been splitting rent and utilities 50/50 and now I will have to bare that in its entirety - that does not seem fair in my opinion. Both our names are on the lease and it is a one bedroom. We split all the furniture in the aparment 50/50 as well. Do I have any financial rights in this situation? The fee to break the lease is the equivalent of two months rent; however, we wouldn't be necessarily breaking the lease - we're just considering taking her name off of it. Do I not have to agree to this? Can she technically be considered liable for her half of the rent for the entire 12 month lease? Or can she pay me the required two months rent in order to break her half of the lease? Or is there anything else I can do to protect myself? I'd sincerely appreciate any feedback or advice!

Thanks!
 
I was a former leasing manager for a very large apartment complex in louisiana, and I have seen this happen way to often. The laws for your state may be different as Louisiana follows a code from the days of napoleon. But the way that we would handle it most of the time is if one party wanted to vacate then the lease would not be broken but both parties would have to sign an agreement that the one leaving would be left off of the lease; however, the party remaining would have to be qualified to rent the apartment on their own, also the party vacating would lose all rights to the security deposit. Another option (which I strongly advise against) would be to leave the lease just as it is, after all, the only thing the apartment complex is likely to care about is that they get their rent (unless people NOT on the lease are living there). The problem with that is, if at any time she wants access to your apartment she has a legal right to enter and may get the police/apartment complex to help her gain access.

What I would suggest to you is one of the following, if your able to comfortably pay rent and all utilities - make it your own place and let her go. (provided she is removed from the lease, and gives up all rights to the security deposit)
If your unable to make all the bills, consider finding a roommate before she leaves or make her stay and you go. (P.S. you may require that she give you personally a full 30 days notice to vacate in exchange for you allowing her to be removed from the lease without paying a termination fee ((she doesn't have to stay for those thirty days, just has to pay her part of the bills)) ) If your able to afford it though, best thing is, get her off the lease and out of the apartment ASAP
 
Oh one more thing, If she stays and you go, make sure your off the lease - whatever the cost (if any). Even though you will lose all rights to the security deposit, you do not want to be liable if she skips out on rent and destroys the place.
 
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