Q: I am married, moved out of my NY rental, trial separation, both on lease, who pays rent?
I moved out due to emotional abuse. My husband and I are both on the lease. I may pursue legal representation and divorce but in the meantime, not sure if I should still be paying half the rent for the apartment he currently occupies alone.
A: If you are both on the lease, the landlord has the option of bringing a non payment action for rent arrears against one or both of you, regardless of whether you still live in the apartment. In a divorce case, the court would issue an order assigning responsibility for the rent, including arrears, so that would be one way to deal with the situation if you wind up getting sued for non payment.
Steven Warren Smollens agrees with this answer
Dear New York Tenant:
You do not owe rent to your husband, and if a victim of domestic violence you have special rights to seek to cancel the lease. Leave the notion of paying a share of rent up to the divorce court. Your husband does not have a cause of action to compel you to pay and if your husband wants to keep that roof over his head he will pay the entire monthly rent.
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