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 must be in writing. Your responsibility for the rent depends on several factors, including whose name is on the lease and whether you had any agreement to assume the lease. Generally, only the tenants named on the lease are responsible for paying rent. If someone else pays the rent, like a lender, they typically do not become liable for future rent unless there is a formal agreement, such as a cosigner or guarantor.
A landlord can allow a lease to be assigned, which usually requires an assumption agreement. This agreement makes the new tenant responsible for the lease's obligations. For an assignment to be valid, it must include essential contract elements, such as parties with legal capacity, mutual consent, and legality of purpose. The terms 'assign,' 'transfer,' and 'set over' indicate an assignment, while terms like 'grant' and 'sell' can also show intent to transfer responsibilities.
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.