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

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.

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Attorney answers 2


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.

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Not unless he stops paying the rent.

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