Bronx, NY asked in Landlord - Tenant and Real Estate Law for New York

Q: Can I terminate an apt Lease me being the tenant?

I am married but separated. I moved out of the apt my spouse stayed there. On the 2 (now 1 year remaining) year lease there is my name and her name. We used my credit.

I would like to terminate the lease or at the least take my name off that lease. Is this something I can do? and

is it better if I am still married to do so or divorced?

Thank you!

3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You cannot do it. The landlord is not responsible for your marital issues. If the landlord consents you can do it.

Victor M. Feraru
Victor M. Feraru
Answered
  • Landlord Tenant Lawyer
  • Mineola, NY
  • Licensed in New York

A: It really depends on the landlord. If the landlord is willing to let you off of the lease and your ex is still paying then it shouldn't be a problem. It's too bad you didn't work this out while going through the divorce. You might do well to have an attorney negotiate with your landlord and ex wife (or her attorney).

Victor M. Feraru
Victor M. Feraru
Answered
  • Landlord Tenant Lawyer
  • Mineola, NY
  • Licensed in New York

A: I apologize, I misspoke. You can work this out during/through your divorce negotiations.

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