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Help please with breaking a lease and having roommates

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    Help please with breaking a lease and having roommates

    Hello,

    A little background information...

    My husband and I are completely broke from his wait to get on disability a few years ago, credit cards kept us afloat but now we just can't pay them. Haven't paid them in a long time actually. The car was repossessed, well pretty much the normal story.

    In July my husband and I decided to separate. He signed a lease at an apartment complex with 3 others. Turns out the leases are not individual but are all four names on one lease. Now here is my question. He is 2-3 months behind on his rent. We are eligible for Chapter 7. If we file will it break his lease? What about the others there? Who will be responsible for it? Should he move out now and try to find another place or wait until after the bankruptcy? He hates it there, doesn't like the people, and wants out now but I want to do the smart thing, I just have no idea what that is.

    Thank you for nay help!

    #2
    Hi LisaLou,

    From what I have read, he can assume (keep) the lease or reject it. If he keeps the lease, just keep making the rent payments. If he wants out, reject the lease. Everything up to the BK filing date is discharged, any time he stays after the file date he owes. If he rejects the lease, the other 3 people on the lease end up holding the bag....either they find a new roommate quick or start paying 1/3 of the rent each. If he feels bad about leaving his friends in the lurch, he can always make a voluntary payment to give them time to get a new roommate on board.

    Either road he chooses, be sure to stay in contact w/ the landlord and roommates so they know the situation and what will happen to them.

    The question about what happens to the security deposit is a whole 'nother can o' worms....

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

    Comment


      #3
      Listing all 4 people on the lease was a smart move by the landlord. Each person is on the hook for all of the others if they choose not to pay.

      tcreegan gave good advice above.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        Thank you so much for your replies!

        Comment

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