If an occupant moves out of an apartment, are they considered to be breaking a lease?

Asked over 1 year ago - San Antonio, TX

my husband and i most likely will separate soon, and he was the only lease holder on the contract, i was only listed as an occupant since i did not have income. so out of curiosity i wondered what i should be prepared for once we do separate.

Attorney answers (2)

  1. Kevin Matthew Koel

    Pro

    Contributor Level 16

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    Lawyers agree

    Answered . If an occupant vacates, that most likely is not considered a breach of lease. Now, if your husband stops paying rent, then that would be a breach of lease, that both of you may be liable as a community debt. So, if you leave and your husband stays and pays rent, there should be no breach of lease. However, read the lease agreement carefully and make sure if an occupant leaves it is not a default (unlikely, but best to make sure).
    If you are considering separation/divorce, you should speak with a divorce attorney now to start lining up the process.

    If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for... more
  2. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Not unless he stops paying the rent.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Is Divorce a Reason to Break Your Lease?

Dividing property during a divorce also includes making decisions about who will continue with the leases for any rental properties.

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