If a man and woman that arent legally married with no kids both signed an apt lease but one day the woman found out her boyfriend cheated on her, who or what can determine who gets to stay and who gets to leave then in this case if cheating doesnt void the lease agreement? What can be done legally in this case as to determine who gets to stay and who has to go? Who has more legal right in this case as far as staying and who has to go?
just keep right out of it
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Please explain. Rsvp.
The tenancy was offered to a couple. The landlord would have taken affordability into account. The LL may not want either to remain as they may not meet affordability on their own.
These things are best sorted out between the couple, anything else is a waste of money and will be never ending. Better off tossing a coin.
There’s the remainder of the lease to consider if not on a rolling contract. If in middle of contract the person who moves out is still liable for the rent for the remainder of the term, unless the landlord is happy to surrender the lease early.
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With a joint tenancy, the individuals are indivisable. In other words both = The Tenant and one person alone can’t leave the tenancy. If the tenancy is fixed term, both are committed to pay the rent until it expires. If the tenancy is periodic, any one tenant can serve notice to end the tenancy for both tenants. No tenant has any greater rights than the other.
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But whats technically the legality of the situation in this case then? Can a lawyer be hired to advice either tenant??
Of course a lawyer can be hired, for anything. You can have a free consultation, they will almost certainly say no point. In my mind no party will win over the other as no kids involved. Infidelity would not be a valid cause in my opinion. So many caveats, points of view.
It would line the pockets of the lawyers that’s all, I cannot imagine a state funded lawyer being appointed for such a thing.
You need to be thinking about your tenancy agreement.
What is your position?
If two dogs are fighting in the street and you try to sort it out ,you will be the one who gets bitten
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They are both still liable to pay the rent that’s all you need to know. How they manage that is between themselves.
If one of them does leave then they must inform you.
You then decide what happens next.
I’ve explained the legality of the situation above. You just advise them that neither has any more legal right than the other. Is this a fixed term or periodic tenancy? What would you prefer to be the outcome?
As many have already said, they are both equally responsible for payment of the lease and can only be released from their obligation by serving notice in the middle of the fixed term, IF there is a break clause in the contract, alternatively, at the end of the fixed term.
There are no winners in this scenario including the landlord. If it were me, I would seek their mutual agreement to end the tenancy early.
The landlord should first consider re-letting to either one of the existing tenants based on either of them being able to afford the rent as individuals. If by chance, both tenants can equally afford to rent the property as individuals, I would ask them both to leave and get new tenants. This way you cannot be accused of favouring one over the other. This is business, morals don’t come into it.
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What if neither party cannot agree of who should leave? Then both should leave??
What can a tenant lawyer do in this case???
Nothing. They are adults and have to sort it out themselves without a lawyer and without your input.
Take all the persons money who appoints them and still end with no resolution.
This is a simple domestic matter.
Sometimes in situations like this one party might incentivise the other one to leave by offering some cash.
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But would the final option be for one to move out and the other option is for both to leave the premises??
This is the purpose of a judge. They would assess all evidence and decide. I dont see how this would even get to court.
Are both joint tenants and named on the tenancy agreement?
The ideal solution is for the tenants come to an agreement for one of them to leave.
it is probably best for the landlord to stay out of it. The situation for both tenants will become unbearable and one of them will eventually move out without the landlords intervention.
When this happens, the tenant that moves out will almost certainly request that the landlord removes their name from the tenancy and then the landlord can issue the tenant that remains with a new tenancy.
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Yes that would be the options but it is for them to decide how they want to play it.
You mention about one of them staying.
Would either one of them on their own be able to afford the rent?
If they can’t, then they would both have to leave anyway, unless you wanted to risk them falling behind and then possibly stop paying altogether if finances were right.