Getting Out of a Lease - Hopkins,MN

Updated on December 05, 2006
S.I. asks from Hopkins, MN
14 answers

would anyone know how i can legally get out of an apartment lease? we have been married for 4yrs and have not made it to be a family. everything that we do doesnt include the other, same goes for finances. He lets me know that his one check is more than my whole month salary including my child support, and will flaunt it in front of my daughter and myself. however he only pays 1/2 the rent and $80 for my car insurance and i pay the rest (1/2 rent, water, elec, gas, and cable). if i need money to pay for school lunch and ask him to help he tells me "the money that i get for her should be enough to take care of her", but this is also part of the money that i was using to pay bills, which he knew. i recently asked him to help with all the bills for the house and he told me that he would but he will be moving out when the lease has ended. since our marriage isnt the happy family type and dont know where the other is from one day to the next, i decided that if i could get out of my lease i could find a different apartment.

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So What Happened?

i want to first of all thank everyone for there suggestions. I have tried them and this is what i got from either the management of my apartment or from the attorney:

i have talked to my apartment manager/owner and they told me unless he signs a waiver that he would take over the lease or get a legal seperation i will still be responsible for the lease. i also talked to an attorney today to find out how i could get out of the lease legally and they told me that this would be up to the management and that the best thing to do now is to get a divorce, but this will take longer than 1month. i do understand that this will take longer and only wanted a legal seperation to get me out of the lease. I will keep you all updated.

More Answers

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M.P.

answers from Minneapolis on

Talk to your landlord, let him/her know exactly what is going on. I am sure they would be able to help you. Being honest will do so much for you and they will be more apt to help you out, knowing your situation.
They don't need to know ALL the details, but so they understand what is going on, or may happen. They may let you out of the lease and even help you get a differant place to live.
Good luck!
M.

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B.G.

answers from Milwaukee on

Call the main office of your apartment complex, tell them your situation. They may let you out.

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A.L.

answers from Minneapolis on

Hi, I know what you are going through right now, I went through that same thing about 2 years ago. The only way I could get out of it is put him as the main person on the lease and then we both signed me off, that way he was the only person on the lease. I don't know if your ex is the main person on your lease but the building may be able to work with you on something. If he is willing to do that.
I hope everything works out for you, I know how hard it is to be going through a break up and trying to be a great mom.
I hope this helps,
A.

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J.R.

answers from Minneapolis on

Sorry that you are going through such hell right now. I'm proud of you though that you want a better life for yourself and your daughter. Many women stay in these situations and are miserable, as are their kids for years.
About the lease, is it even in your name or just his? If it's just in his you're free. Otherwise I would talk to the landlord and ask if you can get out of it. Sometimes they are really good about it, especially if they have a waiting list. Also talk to an attorney and find out if you get a legal seperation if maybe that would allow you to move out and leave the lease with your soon to be ex to take care of.
I was in your situation, minus the child, about 8 years ago and it was total hell to live together for just 4 months. He was talking to his girlfriend all hours of the night and I had to lay sleeping in the other room and listen. Then he started blackmailing me and treating me terribly.
Do you know someone you could stay with until the least is filled? That way you can pay your half of the rent and not have to live there. I'm sure if you moved out it would take about a month or two for him to move out and he'd have to pay the rent, and then maybe by the time he moved out they'd have a new renter. They can't charge you and a new renter rent and they have to actively persue someone to fill the spot like they normally would.

Best wishes,
J.

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J.M.

answers from Minneapolis on

I suggest you talk with the landord and tell him about the situation. Let the landlord know what is happening. Point out that the this situation is not good for your child to live in and you need to remove your name from the lease so you can move to a better environment for your child's sake. Do not tell your husband you plan on talking with the landlord...because he sounds so....well...he acts like someone who can just get up and go for his own benifit and leave you in a bind...if you know what i mean. Protect your child and self.

It sounds like your hubby has got a good control of YOUR life. TAKE BACK the control...get rid of cable (sounds funny but think of it..he probably watches the most tv).

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H.L.

answers from Minneapolis on

only thing you can do is ask. if you like living there see if they have a cheaper place they can transfer your lease to. It won't be so bad having to either share a room with your daughter or sleep in the livingroom until June. Also if you are legally divorced you may qualify for assistance. CHeck into that, you may not need it long, but I have seen a lot of women never on welfare have to go onto it when their marriage ended because everything was in "his" name and they never put aside money for a "rainy day". Ask your landlord, they won't be happy since it is now winter, but they may let you bend the lease or even get out of it. It never hurts to ask.

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R.K.

answers from Minneapolis on

Check with the Realtors or whoever has the lease, most of the time if you give them 30 days that's all they ask for. Also, most people (especially in small towns) will be understanding of a situation like that and let you end the lease early, even right away if need be. I know that there is a 2 bedroom apt available right now in Cannon that's income based, I don't know if that's what you will need or not, but they are usually based on about 30 percent of your income.

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B.H.

answers from Minneapolis on

WOW your husband sounds like this guy I dated this summer. He is selfish and selfcentered. I hate the whole 50/50 thing it's not always workable. Your suppose to work together as a team when your married not making everythig seperate. You would probaly be better off on your own. I feel bad for you. What a jerk. Go off on your own you will probaly qualify for some help then and maybe get free lunches for your daughter or reduced that kinda help adds up. If I were you I would just leave and not even pay the rent to the current place your husband will have to come up with your half or they will kick HIM out. You are not responsible for half unless it says that in your lease. Your husband is making you feel you are respsonsible to control you. I would try and go get your own place one way or another. Men can be such jerks money is more important to some than anything else. I live in subsidized housing I have a townhouse I pay 30% of income towards so it's affordable and I'm raising my daughter by myself.

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C.B.

answers from Minneapolis on

Call 2-1-1 (United Way) and they have resources for free help from attorneys who specialize in this. They do it right over the phone. They tell you what your rights are.

Then I would very nicely explain to the landlord what the situation is and what your options are.

This might seem like a dumb question but.. Have you guys tried any counseling?? My husband and I were fortunate enough to have the help of a really good counselor, and our hopeless marriage did a 180.

Our problems were also over money issues. Fortunately for me, there was a period in time were I was the main income earner.. and I remind him that I never rubbed it in his face. I also remind him of the cost of childcare.. and good home-cooked food.. and laundry care.. and damn good lovin.. and my worth is probably more than he makes at his job!!

Then again, some guys are just jerks and will never see the light. But, it's worth it to go to counseling, because amazing changes are made when you can get your thoughts out without the other spouse getting all defensive!

Please write to me if you need someone to talk to! From what your situation sounds like, I've been there for sure!

____@____.com

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M.S.

answers from St. Cloud on

I don't know the legal way, maybe contacting a lawyer for some free advice, or talking to your landlords and explain the situation to them. Heck, move out and leave it on your Hubbies shoulders, he sounds like he deserves it! If all else fails, move out and try to make payments towards paying it off....you can always get into income based housing, and assistance!
Maybe lean on some family and friends, it will all work out in the end!
Good Luck!

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A.W.

answers from Minneapolis on

I'm a former Landlord, so my advise to you is this. Talk to your landlord, let them know your situation and see if they are willing to let you out of the lease, with the understanding that your husband will be staying in the property and will be responsible for the for the full amount of the rent the remainder of the time on the existing lease.

The other thing that I would like to give you is a link to a couple of Website.

http://www.ag.state.mn.us/CONSUMER/housing/lt/default.htm
this is from the Attorney Generals office regarding landlords and Tenants rights and responsibilities

http://tenant.net/Other_Areas/Minnesota/ppgmnllt.html
A compilation of resources dealing with landlord-tenant laws in the state of Minnesota

The law is pretty cut and dry, the discrestion falls on what the landlord is willing to do now at this point. I know what I would do in this situation, but what I would need to do, would unfortunally flag your husband that you want out and I dont know if you want him to have that information.

In order to let you out of the lease, I would have to have him sign an amended lease stating that he is the only one on the lease and is responsible for the full balance of the rent due each month. If he is however unwilling to sign such a document, you could still move out but would still be responsible for whatever rent he doesn't pay during the remainder of your lease. Its not to be mean to you, I know that this is a hard situation that you are in, but as a landlord you still have to look out for your interests. Now that is the proper way of doing things, some landlords would probably let you out without you signing or your husband signing anything and you would think that is the end of it. The down side comes in when your husband doesnt pay and the landlord wants their money, they could take you both to court to get that lost rental income.

Make sure that if you do get out and your husband does sign a document stating that he is responsible for the full balance of the rent due each month, that you get a copy of that document. That is your CYA if he ever try's to take you to court to get any of that rent money back from you, and to also protect you from a crooked landlord from doing something similar.

I wish you and yours the best

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J.W.

answers from Eau Claire on

Find someone to sublease. Good luck!

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J.C.

answers from Minneapolis on

I am an attorney. The first recommendation I have is attempt to negotiate this with your landlord. That's usually your best option. Also look closely at your lease. Many times the lease will have a buy-out option for a renter where you pay a fee to break the lease. If that doesn't work, I recommend that you call HOME Line. The website is www.homelinemn.org, and their phone number is ###-###-####. It's a free legal hotline, staffed by attorneys and law students, that renters can call if they are having legal issues about renting. They may be able to identify some options for you.

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B.N.

answers from Minneapolis on

Hi S., I had to get out of a lease once before due to a bad relationship and hope that this helps you. If you are concerned about your safety and that of your child or if potential conflicts may arise from you continuing to live with your husband, let this be known to your landlord. He/she is likely to let your lease go to prevent future problems if they are smart. Good luck. BNN

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