I live in texas. My husband is now working and living in a different city in texas. Our lease is up july 31. I am comtemplating divorce but have not filed. I do not want him back. Landlord says he needs to send a letter asking off the lease. Does he have to send a letter or can i just sign a new lease with only me on it?
Your new lease will be a community debt, acquired during marriage. If you are renewing in the same location, the landlord may simply wish to assure that your husband has no right of access and no obligation to pay. The alternative is to renew the lease under both names, but to then seek exclusive use and possession of the apartment, and to note your willingness to assume the debt associated therewith, as part of a request for temporary orders in the context of divorce. Good luck to you.
Elisa Maloff Reiter, Esq. is accepting cases in Dallas, Denton, Collin, Rockwall and Tarrant Counties. The advice given here is not and should not be taken as a substitute for in-person consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. Mrs. Reiter is Board-Certified in Family Law by the Texas Board of Legal Specialization. More information can be found at www.elisareiter.com.
If you want you can choose not to renew your lease and as you are contemplating getting a new lease somewhere else.
If you are thinking at staying at the same location rather than somewhere your husband would still have some tenant rights to that location. If it is a new location / new lease then your husband would not have those rights. However, I would suggest speaking with a divorce attorney before doing anything.
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