Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?
I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him? Will they try to trap him into the lease even though he doesn’t live there?
A: If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord tenant attorney, or perhaps an attorney who works for an organization that helps victims of domestic violence about negotiating an early release from your lease, or negotiating a settlement amount in advance. Many complexes will let you out of your lease early if you show them the order and explain the situation, but you will need a full release in writing. Additionally, the complex has the obligation to mitigate damages by getting the apartment ready for release and showing it to prospective lessees before any other unit that is similar. A lawyer can help in negotiations and structuring the release language. Good luck to you!
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