What are my rights as a renter when I need a new roomate due to divorce?
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What are my rights as a renter when I need a new roomate due to divorce?
My husband and I are on the lease. We are divorcing. To stay in the unit I need a new roomate. But I can’t sublet the room. Can she be forced to allow me to get a roomate due to the divorce since I have a valid lease?
Asked on November 21, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The lease does not care about your divorce--it is irrelevant to your obligations under the lease. If you and your soon to be ex-husband are both on the lease, then the two of you are obligated under it. If the lease prohibits sublets, you cannot sublet; also, you cannot substitute anyone for your husband on the lease without the agreement of all parties--you, your husband, and the landlord. Therefore, if the lease does not allow sublets, you cannot force the landlord to allow you to have a new roommate, since the new roommate cannot sublet from you and the landlord does not have to allow a new roommate to be substituted into the lease. On the other hand, your husband will still be liable under the rent even if he moves out: again, your marital status and even where he lives does not alter his obligations under the lease. So you potentially may be able to require your husband to keep paying his share of the rent, and sue him if he does not.
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