Legal Question in Real Estate Law in Texas

Separating from spouse-what are my rights re: leasing another apt.

I have separated from my spouse and moved out. Of course, my name is on current lease. He's renewing the lease & wants me to sign it to minimize add'l paperwork even though I'm no longer there. If I do this, will it hinder me from being able to rent another apartment? Can he drop my name from the lease after it is renewed?


Asked on 10/11/00, 3:27 pm

2 Answers from Attorneys

Lawrence Maun Lawrence J. Maun, P.C.

Re: Separating from spouse-what are my rights re: leasing another apt.

Do not sign the new lease. Notify the landlord that you no longer live on the premises and that you will not be liable for rent or any other charges beyond the terms of the current lease. They may be provisions in the current lease that would obligate you if your husband "holds over" that is occupies the property past the term of the lease. To avoid these additional liablities the landlord should be given written notice.

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Answered on 11/06/00, 4:40 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Separating from spouse-what are my rights re: leasing another apt.

It would be most unwise for your to sign the new lease. Let him do the paperwork.

If he later defaults on the lease you will be liable for the rest of the term if you sign.

Don't you have a lawyer to answer your questions? You should have.

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Answered on 11/06/00, 1:13 am


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