Legal Question in Landlord & Tenant Law in Delaware

Respnsibility to a lease

I recently moved out of my apartment I was sharing with my boyfriend. I informed my landlord through a letter stating I would not be staying until the end of the lease but will pay my half(lease ends July 31, 2006). I have in writing that I vacated the premises on May 27, 2006. My ex is staying until the end of the lease. He has threatened to damage the apartment and leave it a mess so I will have to pay damages. How much of this am I responsible for if he goes through with this since I have already vacated the place?


Asked on 5/30/06, 4:19 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Respnsibility to a lease

The landlord doesn't care about any troubles between co-tenants. If there is damage to the premises, he will deduct it from the security deposit and may sue for any excess. If he wins a suit, he probably will be able to collect against either tenant without regard for which one actually caused the damage. He will collect against the first tenant that he can find with money.

Of course, that would leave a dispute between the tenants as to who should actually pay for the damage. How that issue plays out depends a lot upon what happens with the security deposit and whether or not the landlord sues for additional damages. If and when an actual dispute arises, you should consult a lawyer. You will have to preserve your claims against your co-tenant and I don't know of any self-help information from the court that will help you do that.

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Answered on 6/01/06, 8:54 am


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