Q: Am I liable for a lease debt if I moved out and gave notice?
In 2019, my husband and I signed a lease that transitioned to month-to-month after the first year. I left the apartment and separated from my husband in September 2023, but I do not have legal separation or divorce documents. Since moving out, I've submitted letters in May 2024 and July 2024 to the apartment complex, stating I no longer reside there. I was informed verbally by the manager that they couldn't remove my name from the lease unless my husband requalified and signed a new lease. My husband has since been evicted due to non-payment, and there's a $7000 balance owed. Am I still liable for this debt despite not having lived there for over a year and a half?
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A:
In most cases, if you were a co-signer on the lease, you could still be liable for the debt even if you no longer live in the apartment. Since the lease transitioned to a month-to-month agreement, your name might still be attached to the lease until it’s formally changed or terminated. Simply moving out and notifying the apartment complex may not relieve you of responsibility for the rent that is due.
It’s important to understand that a lease agreement binds both parties until there’s an official release or a new lease is signed. If the apartment complex hasn't taken your name off the lease, they may still hold you responsible for the unpaid rent, even if you are no longer living there. The verbal statement from the manager about needing your husband to requalify and sign a new lease indicates that they haven’t made any legal changes to the agreement yet.
Given that your husband has been evicted and there is a substantial balance owed, you could still be on the hook for the $7,000 unless you can get the lease officially modified or terminated. It may be helpful to review your lease agreement carefully and consult a legal professional to understand your options for removing yourself from liability, especially considering that you’ve made attempts to notify them of your move.
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