Legal Question in Landlord & Tenant Law in California
how can I get out of a lease agreement
My husband has his own business and it's been very hard for him to even maintain the monthly payment. He has recently filed bankruptcy and wants to get out of the lease (2 years left in the lease) but the lease agreement is assigned by both of us. Can we still be out of the lease agreement without hurting my credit? I have my own job and I have no involvement with the business. Only reason why I signed the lease agreement is because it was required for both husband and wife to sign the lease at the time. There are few businesses that have already abandoned the property because they can't afford the rent anymore. Is there a way to get out of the lease without hurting my credit?
3 Answers from Attorneys
Re: how can I get out of a lease agreement
I agree with Mr.Bennett- try to negotiate with the landlord.
Re: how can I get out of a lease agreement
It sounds like your best bet is to talk directly with the landlord and explain your situation.
Re: how can I get out of a lease agreement
You really need to resubmit this under the Bankruptcy section, an area of law in which I don't claim to have expertise.
However, the answer isn't good as far as landlord tenant law is concerned.
A lease is a contract, in which basically you and your husband are bound to the landlord by mutual promises, and the landlord can come after either one of you.
Unless a bankruptcy specialist can help you, the answer is that you are liable, and might be better off working (i.e. negotiating) with landlord.
Good luck!
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