Full question:
My ex boyfriend signed a 1 year commercial lease. I wrote a personal check for the first 3 months. He refused to pay, so I left a message for the landlord that he was breaking the lease. The landlord sent me a letter from his lawyer. I called the lawyer and he said because i paid with my checks, I am now also responsible for the rest of the rent, or I will be sued. Is this true?
- Category: Landlord Tenant
- Date:
- State: Pennsylvania
Answer:
A notice to terminate a lease should be made in writing. The answer will depend on all the facts involved, such as whose name is on the lease, whether it had been assigned to or assumed by you if you were not named in the lease, and the reason you paid the rent. Generally, only the named tenant(s) are responsible for paying the rent. If one tenant obtains a loan to pay the rent, for example, the lender does not become liable for future rent. You would need a contractual relationship to the debt to be responsible for it, such as a cosigner/guarantor/surety/assignee to be liable for the lease.
A landlord may permit a lease to be assigned, usually along with an assumption agreement, whereby the new tenant becomes responsible for payments and other duties of the original lessee. An assignment, to be effective, must contain the fundamental elements of a contract generally, such as parties with legal capacity, consideration, consent, and legality of object. Words of an assignment are, assign, transfer, and set over; but the words grant, bargain, and sell, or any other words which will show the intent of the parties to make a complete transfer, will amount to an assignment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
