My daughter and her ex-fiance have a 15 month old daughter. They were living together and both working, my daughter part-time, fiance full time. He decided two days before rent was due that he wasn't "happy" and moved out. He did give her $350.00 child support for the month of September, however he claims he does not have to pay rent because they paid 1st & last months rent when they moved in. I explained to my daughter that he did not give 30 days notice and basically her only options were to move out, find a roommate, or pay the rent. I still feel he is on the hook for rent until he does give 30 days notice to both her and the landlord. What are her options to get him to pay rent?
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Fiance/child's father splits
- Thread Starter dudemom63
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jharris352
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If he is on the lease he is still bound to the terms of it. He can't unilaterally cancel the lease either. I'm not so sure that she must "mitigate" her damages. This wasn't a regular "roommate" she was engaged to him. So to "mitigate" her damages she would have to find another fiancée.
That may sound silly but follow me here. She didn't lease the apartment with a roommate. She might not have wanted an apartment with a regular roommate. So, when he entered the apartment lease with her it was as a couple, not as a roommate. When he leaves he is liable to her. She does not have to get a roommate. Mitigation is more for a landlord who's property is vacated. He/she can't sue for the balance of the rent without making a good faith effort to mitigate the damages by finding another tenant. Roommates can be held to the same standard. But one wouldn't expect an ex-wife to have to find a roommate to mitigate damages. I would also apply that standard to someone engaged with children.
He is, in my opinion on the hook for the balance of the lease. I would take him to court. He is certainly on the hook if their is a child support order. Contempt is the way to remedy that.
That may sound silly but follow me here. She didn't lease the apartment with a roommate. She might not have wanted an apartment with a regular roommate. So, when he entered the apartment lease with her it was as a couple, not as a roommate. When he leaves he is liable to her. She does not have to get a roommate. Mitigation is more for a landlord who's property is vacated. He/she can't sue for the balance of the rent without making a good faith effort to mitigate the damages by finding another tenant. Roommates can be held to the same standard. But one wouldn't expect an ex-wife to have to find a roommate to mitigate damages. I would also apply that standard to someone engaged with children.
He is, in my opinion on the hook for the balance of the lease. I would take him to court. He is certainly on the hook if their is a child support order. Contempt is the way to remedy that.
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