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acmanslayer · Mar 9, 2011, 03:37 PM

Hi all I appreciate you taking the time to read this. In January my girlfriend and I found a new apartment and decided to sign a lease for a year. We had previously been living together at another apartment for 2 years. Long story short I was hesitant to sign the lease because of a drinking problem that day by day was getting worse. Anyway, I'm an idiot and signed the lease and we moved. Two weeks ago I came home from work and she had been drinking heavily. I asked her politely not to put her beer on the computer. The next thing I know she jumps up from the computer chair with a steak knife in her hand and starts to come after me. Fortunately I was able to get it away from her without either one of us getting hurt. I called the police and she was arrested. So I have a few questions... 1)Can I change the locks even though she is on the lease? 2)Do I have to send a full rent payment every month or just my share because we're both on it? 3)Is there anyway that I can break the lease because of the circumstances or am I stuck? I can't afford this place by myself. I really appreciate you taking the time to read and respond to this.

ballengerb1 · Mar 9, 2011, 03:53 PM

No lock change and no partial rent payment. The LL has done nothing wrong so full rent is due, he does care which one of you pays. Can't change the locks since that would constitute unlawful eviction. Try for a restraining order, is he out yet?

ma0641 · Mar 9, 2011, 03:58 PM

1. Probably not, particularly if she has personal items and has not been found quilty.
2. The lease should say something like-if one party cannot pay their share, the other party is liable.
3. You can't legally break a lease except for very serious issues-fire, vermin, damage to personal property because of conditions allowed by the LL etc.

The best thing to try and do is:
A) negotiate a release or a buyout with the landlord-this may work if LL has people waiting for units.
B) sublet-if allowed
C) find a successor tenant the landlord approves of.

acmanslayer · Mar 9, 2011, 04:12 PM

Yeah she was let go on bail that night and the judge let her come and get some things. She has been back 3 times now with the police and takes a few things with her. The police ask me to stay outside while she collects her things. I guess the only thing that I can do is take her to small claims? What would filing a restraining order have to do with her property being here?

ballengerb1 · Mar 9, 2011, 04:19 PM

What would filing a restraining order have to do with her property being here?[/QUOTE]

It would keep her away from you

acmanslayer · Mar 9, 2011, 04:25 PM

Gotcha... well it wasn't what I was hoping to hear but kind of what I was expecting. Thanks for taking the time to reply

AK lawyer · Mar 9, 2011, 08:13 PM

Oops. I was on my cell. Did't mean to agree with Ballengerb1. Consider the greenie to be an early St. Pats' gift. :)

With respect to
(1), My 2 cents are that a co-tenant can change locks w/o fear of being sued for wrongful ouster. A co-tenant is not a landlord, so those provisions don't apply to him.
(2) you are jointly and severally liable for all the rent. If she doesn't pay her share, you are stuck with paying the whole thing.
(3) you are stuck with the lease. The LL didn't cause your ex GF to go nuts. So the LL is entitled to full performance of the lease by you.

ballengerb1 · Mar 10, 2011, 01:17 PM

AK thanks for the accident, I guess. However, I thought one tenant changing the locks to keep the other tenant was still ilegal. Maybe not considered wrongful eviction but still illegal. Is this not correct?

AK lawyer · Mar 10, 2011, 09:53 PM

Originally Posted by ballengerb1

...I thought one tenant changing the locks to keep the other tenant was still ilegal. Maybe not considered wrongful eviction but still illegal. Is this not correct??

Not that I know of. We could look at the LL/T act for the particular state involved, but I don't see that OP has given us that.

But just for fun, let's look at the statute where I happen to be at the moment, Florida:

"83.67 Prohibited practices.—
...
(2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.
..."

Seems pretty clear that it only pertains to landlords.

You may be thinking of the other room-mate situation, where only one is on the lease. In that case, the other RM would be, technically, a sub-tenant, making the one on the lease a sub-landlord.