Who has to pay for breaking a rental lease?

A couple rented an apartment. Both signed the lease.


The husband abusive; he moved out.


The wife couldn't afford the rent now, so she broke the lease. The Landlord said she would be charged $1,000 for terminating the lease early.


She cleaned the apartment and moved out before the end of the month.


The husband went to the Landlord's office and demanded to move back in. They let him.


He couldn't afford the rent either, and moved out at the end of the month.


So, which one should have to pay for breaking the lease?Who has to pay for breaking a rental lease?
If both signed the lease, both are 100% responsible for the terms of the lease. If the landlord sues, it can be for each of them for the full amount he deems needed, but only in a single lawsuit (pretty sure on the single suit).





First check with the county's landlord tenant office %26amp; see what country rules are for breaking a lease. If there isn't a office, in theory one can go to the courthouse library %26amp; look them up. It's not that hard, but it takes the librarian pointing out the right books, plus persistence in reading the gobbley goop.





Then read your lease %26amp; see how they compare. If the county's are more lenient, they apply.





Sometimes one can be held responsible for the entire rest of the lease term. However, in court, the judge would ask when it was rerented %26amp; ask only to cover reasonable costs for the lost time %26amp; expenses (such as advertising) to rent it.





If the wife waits to go to court, I don't know, but she may be able to get responsiblity for a lessor amount if she can show he moved out on the lease first.





It is also possible it was illegal of the husband to demand to move back in after leaving %26amp; for the landlord to allow him to. That may have a precident where the husband has now assumed a new responsiblity for the lease. It may also mean he's broken the lease %26amp; he is on a default month to month lease (probably not how a judge would rule, unless it's clear cut). If he's on a month to month, he's totally liable %26amp; only for the county's required notice period (usually 30 or 60 days.) If any of this is true, then the wife is liable only for the time she was there %26amp; until the husband moved back in.





I'm sure they are strapped for cash, so I'd start with landlord tenant assistence. Ask for a copy if the county has a standard lease they offer to compare too. If that doesn't help, then they'll have to spring at least $50 for a single lawyer consult through the local bar association referral office. (Initial consults are usually a fixed price through the referral service.) I'd probably go to the law library myself just to see what I could narrow down, but then again I tend to over think things.





Any which way, if she decides she needs to pay something, or if she's sued %26amp; can't pay.... it's time to ask the landlord to take installment payments. He's likely to be reasonable. If the case is found not in her favor in court, I'd even ask the judge at that time - he probably doesn't have legal standing to enforce something - but may encourage the landlord to cooperate with a few words.





If she is in the process of dealing with the abusive part with restraining orders or anything, then she can ask anyone legal involved in that %26amp; possiblity it can be part of the process? Or part of the divorce process?





This is one heck of a confusing situation legally. Good luck to her in sorting it out. I hope something in here is helpful, because I just put in everything I could think of.Who has to pay for breaking a rental lease?
These are not 2 leases and not 2 separate tenants.





the moment they missed first rent payment they both are in violation and can be evicted.





If there is a $1,000 termination fee either one of them can be asked to pay it. Take both to small claims court. you can ask for unpaid rent, damages and early termination fee. I would sue both to make sure you get the one with the money.
Stupid landlord. They were both ';jointly %26amp; severally'; responsible for the entire term of the lease. With that $1000 lease-breaking agreement, the wife is off the hook. Letting hubby back in without a new lease was the really, really stupid part. But hubby is on the hook here for the balance of the original lease term. He apparently was never discharged/released from the original lease.
My guess is that both would. The wife would have when she originally broke the lease. When the husband moved back in, they would have only let him stay if he signed a new lease in his name only. When he then moved out, he broke his own lease and would be liable for a second penalty.
I would say the husband. Once he moved back in, he mitigated the damages for the landlord (and his exwife) and became responsible for a new lease, which he then broke..
Both. They are jointly and separately liable for the lease payments.
If both names are still on the lease, then both parties are responsible.
both