In the courts eyes, would domestic violence be a sufficient reason for me to break my lease with my ex?
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In the courts eyes, would domestic violence be a sufficient reason for me to break my lease with my ex?
My ex and I signed a lease for one year, ten months are remaining. After a domestic violence episode I moved out, and informed our landlord. Our landlord is unfamiliar with this territory, but I know he can take my name off at his discression. If he does not, can I take this to court and free myself of legal obligations considering the violent situation?
Asked on June 11, 2012 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) Your landlord cannot take your name off the lease unless your ex also agrees; a contract may only be modified by the consent or agreement of all parties to it, not just two of three. So if you and your ex were both signatories, then both of you, plus the landlord, would need to agree to this change.
2) A court would not be able to help you. A lease is a contract; you and your ex are both bound to your obligations under it unless a) the landlord does something significant to breach it; or b) the contract becomes impossible for reasons beyond anyone's control (e.g. the property burns down, is condemmed, is taken by emminent domain, etc.). However, you cannot escape your obligations because of something your co-signor or co-tenant is doing, even if that thing is both criminal and morally reprehensible, and the landlord cannot be made, even by a court, to allow you out of the lease due to your ex's actions.
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