My girlfriend and i broke up she left our place which we both signed a lease on. told me she would pay half until the lease ends

Asked almost 2 years ago - Patchogue, NY

told me and her parents she would pay half rent .. should i get this is writing before i go to small claims court?

Attorney answers (3)

  1. Steven Warren Smollens

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Dear tenant:

    You already have her promise to pay the rent in the lease you both signed with the landlord. You are not damaged until you pay all the rent remaining on the lease without her contribution. She will have a defense based on the fact that even though she moved out leaving you with the entire burden, you also made a promise to pay the rent to the landlord in full. Her promise to pay the rent is independent of your promise to pay the rent to the landlord in full, and you had the benefit of use of the entire leasehold to yourself in her absence.

    As of now, she does not owe anything to you. I doubt that you will freely obtain a confession of judgment from her, but if she agrees to confess to the debt, make certain that you engage an attorney to prepare the agreement. You would only enforce that confession or promissory note, if she does not pay.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  2. Richard J. Chertock

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . It would be most beneficial to you if you had it in writing that she agreed to pay 1/2 the rent to you. As it stands, since both of you signed the lease you are each obligated to pay the rent in full to the landlord. Since you are the only one living there you have the entire benefit of occupancy and therefore a court may not award damages to you. If, on the other hand, you were to stop paying the rent the landlord could look to both or either of you for the rental payment.

    This e-mail may contain confidential or privileged information. If you are not the intended recipient, please... more
  3. Stephen Clark Harkess

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you are able to get the promise in writing that will be helpful. If not, you can still pursue the verbal promise. It's just harder.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more

Related Topics

Property rental agreement

A rental agreement is a contract outlining terms of tenancy for a certain period of time. Short-term rental agreements may renew automatically until cancelled.

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,879 answers this week

3,468 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,879 answers this week

3,468 attorneys answering