QUESTION
How can a person get out of a signed lease agreement on a mobile home with significant other?
Asked on May 28th, 2012 on Bankruptcy - Michigan
More details to this question:
Son and girlfriend signed a lease agreement on a double wide mobile home one month ago. She told him to pack his things and get out. (There was nothing to justify this action i.e. domestic violence, cheating, drinking/drugs, etc.) How can he get his name off the lease so he isn't responsible paying for a trailer he no longer resides? He has no access to this property. She has both keys.
4 ANSWERS
He can start by contacting the landlord, telling them is no longer a resident, and ask to have his name removed from the lease. If that does not work, then he should contact an attorney to discuss other options.
Answered on Jun 06th, 2012 at 11:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He will need an attorney and explain the full situation and provide the documents before firm advise can be given. Generally. if he signed the lease (and is paying the rent) he has the same right to the use of the leasehold as the former girl friend. If neither of them pays the rent, both will be liable to the landlord who will seek to collect from either or both of them. He can ask the landlord to take him off the lease but it is doubtful the landlord will agree.
Answered on Jun 06th, 2012 at 11:27 PM
Business Formation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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The only way to have his name removed from the lease would be if the landlord agreed to same, which is unlikely. As such he will remain responsible for the rent and any damage caused to the trailer while the lease is in effect. However, your son does have a legal right to live in the trailer as he is a signer on the lease and without a court order she cannot keep him out of the trailer. He has an equal right to possession of the trailer unless the court orders otherwise.
Answered on Jun 06th, 2012 at 11:25 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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The only way your son can be released from his obligation under the lease is for the landlord to allow him out of the lease. Otherwise, he is liable/responsible for the terms of the lease. Your son might have legal recourse against his "girlfriend" for any liability that he may be stuck with, since she has effectively evicted him.
Answered on Jun 06th, 2012 at 11:24 PM