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Nicole15 · Sep 28, 2013, 01:43 PM

Hello I hope you can help. My one year lease expired in June 2012. I want to leave but my partner is going to stay in the building and have a new lease created. I had left on really bad terms with my partner. I paid for many repairs on my own and I packed up all my things and got out of the building without notifying the landlord. Now the landlord wants me to walk through the building prior to terminating the lease. My partner has hurt and upset me very bad and I just want to walk away. There are some minor holes in the walls that need to be patched but other than that. Everything inside the building is fine. Can the landlord hold me liable even if my partner is staying and continues to pay rent? I just want to wash my hands of the whole situation and walk away. Thank you for any advice you can give

ScottGem · Sep 28, 2013, 02:10 PM

If your lease expired you are on a month to month lease. You still need to give the landlord and your co lessor proper notice that you are terminating the agreement. If the landlord wants to give your co-lessor a new lease, that works to your advantage.

But if you expect your deposit back, that could be an issue. If you just want to walk away, tell the landlord you don't want the deposit.

LisaB4657 · Sep 28, 2013, 02:22 PM

Is this a residential lease or a commercial lease?

AK lawyer · Sep 28, 2013, 02:30 PM

Originally Posted by Nocole15

... Can the landlord hold me liable even if my partner is staying and continues to pay rent? ...

Liable for what you agreed in the expired lease? Certainly. Liable for a new lease? No. Not unless you sign it.

It's "lessee", by the way. You and your partner are lessees. The landlord is the "lessor".

Fr_Chuck · Sep 28, 2013, 10:17 PM

If you and ex partner was on old lease, you both can be held liable. You can go after ex partner for part of damages

Nicole15 · Sep 29, 2013, 02:01 PM

Commercial lease.
To clarify, I just want to know what can the landlord do, legally about the holes in the wall since it is breach of contract if I just turn in my key? I don't care about the deposit

Nicole15 · Sep 29, 2013, 02:22 PM

Originally Posted by ScottGem

If your lease expired you are on a month to month lease. You still need to give the landlord and your co lessor proper notice that you are terminating the agreement. If the landlord wants to give your co-lessor a new lease, that works to your advantage.

But if you expect your deposit back, that could be an issue. If you just want to walk away, tell the landlord you don't want the deposit.

Ok so if I don't want the deposit back they can't legally do anything about the holes in the wall or not giving them a 30 day notice?

Nicole15 · Sep 29, 2013, 02:23 PM

Originally Posted by LisaB4657

Is this a residential lease or a commercial lease?

Commercial

Nicole15 · Sep 29, 2013, 02:26 PM

Originally Posted by AK lawyer

Liable for what you agreed in the expired lease? Certainly. Liable for a new lease? No. Not unless you sign it.

It's "lessee", by the way. You and your partner are lessees. The landlord is the "lessor".

Yes lessee, sorry for the mixup there. I just want to know, if I don't want the deposit back can I just walk away without any legal issues? The deposit is more than enough to pay to have the holes patched.

ScottGem · Sep 29, 2013, 03:09 PM

Whoa, this is a commercial lease? Were you running a business with this person? That changes things considerably. In a commercial lease the terms of the lease govern. Plus your relationship to the business has a bearing.

Even if it were a residential lease, I can't say for sure they can't come after you legally. Either way rent is owed until the end of the required notice period. Plus any cost of repairs. However if your partner continues to lease the premises, those repairs shouldn't be an issue.

But if this was a business, then you probably just can't walk away from it.

LisaB4657 · Sep 29, 2013, 06:02 PM

If you signed the lease as an individual then you will no longer be responsible. However if you signed as part of a company or partnership then that may change. If your partner stays on the company remains responsible.

How was the lease signed? As individuals? Partnership? Company? If you signed as a partnership, has the partnership been terminated?

Also, you have to carefully read the lease to see if it says anything about giving written notice if you do not intend to renew the lease. If it doesn't say anything about giving this kind of notice then this is no longer an issue.

AK lawyer · Sep 29, 2013, 06:15 PM

Originally Posted by ScottGem

Whoa, this is a commercial lease? Were you running a business with this person? That changes things considerably. In a commercial lease the terms of the lease govern. Plus your relationship to the business has a bearing.

Even if it were a residential lease, I can't say for sure they can't come after you legally. either way rent is owed until the end of the required notice period. Plus any cost of repairs. However if your partner continues to lease the premises, those repairs shouldn't be an issue.

But if this was a business, then you probably just can't walk away from it.

Yes, I too assumed that by "partner", you meant a domestic partner. If this is a business partnership, the lessor could hold you liable to a renewed lease (or month-to-month tenancy at will) signed by (or implied by) the other member of the partnership. You need to make it clear, in writing, that you partner is not authorized to agree on behalf of the parntership.