Am I liable for rent or damages if my ex-husband won't leave our apartment after I move out? My name is on the lease.

Asked over 1 year ago - San Diego, CA

After my divorce is final in January, I plan to move with my daughter to a smaller apartment. My husband has been staying with us even though I asked him to leave in November. I even offered to pay his first two months rent in a smaller place. After I move out - at the end of my lease, what happens if my ex-husband doesn't leave our current apartment?

Attorney answers (3)

  1. Richard Leigh Boyer


    Contributor Level 12


    Lawyers agree

    Answered . Yes, since your husband is there with your permission, he is a lawfully there. If he doesn't move out, the landlord will have to evict him. Doesn't matter if it is you or your ex, you are on the lease and ultimately responsible for the guests you allow to stay there.

  2. James Carl Eschen III

    Contributor Level 16


    Lawyers agree

    Answered . Because you are the one who leased the apartment, you could be liable if your husband does not move out. Perhaps you could give him your own notice now. Or, if he does not pay you any rent, just tell him to leave.

  3. Richard C Koman

    Contributor Level 13


    Lawyers agree

    Answered . He will be evicted. and yes you could be liable for any money judgment -- unless you get your husband to indemnify you now. another idea is to get the landlord to agree not to seek judgment against him only. or you could move to evict him yourself while you still have a right of possession ...

    Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No... more

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