Legal Question in Civil Litigation in Alabama

Breaking the Lease?

Recently I moved out of the house my now ex boyfriend and I were renting, in Alabama and moved to Florida with our one year old son. He recently told me that he went to the courthouse and asked them if I broke the lease and they said I had, and if he wanted to he could go ahead and sue me for half the rent until the remaining time of the lease. I never signed the lease; my name is only on there as someone living in the house. His father signed as a co-signer but my ex also told me that he never signed the lease either, only his father did, so can he sue me for half of the rent without me having signed the lease?


Asked on 6/15/07, 5:02 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Breaking the Lease?

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I cannot answer as to Alabama law. Under Florida law, if you did not sign the lease, then you are not legally obligated. Regardless, your ex may claim that you had an oral lease upon which he might try to sue you.

Scott R. Jay, Esq.

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Answered on 6/17/07, 9:19 pm
Johm Smith tom's

Re: Breaking the Lease?

I agree with Mr. Jay. You can be sued at any time for anything. But I don't see how you could be found liable for part of the rent when you were not living in the place. You can either wait and see if you get sued or we can put you in touch with an AL attorney who can give you a legal opinion for a reasonable fee.

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Answered on 6/17/07, 9:41 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Breaking the Lease?

Unless Alabama law is different that Florida law, he should not be able to sue you under the lease. Probably, what they meant was that he could sue you claiming that there was an oral contract between you and he that you would pay for half the lease. He would sue on this oral contract, not the lease.

Make sure that he keeps up with his child support obligations -- that will be a lot more than one half of the lease payments.

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Answered on 6/18/07, 10:54 am


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