Dispute over lease - What do I do?!?

[cjkeeme]

What is the name of your state? Arizona

My fiancée and I signed a lease for an apartment for the duration of 12 months. 2 months into the lease I found out that she was spending money from a savings account without letting my know ($300) - so I asked her about it. She freaked out and told me "You'll never know where I spent that money - so drop it!" Long story short we broke up so she is now my ex-fiancée.

It was her ultimate decision to leave the apartment. I was even willing to to continue to live there with her - just be broken up for as long as it took to either find a way out of the lease or when the lease was up. Well, she left and is no longer communicating with me. I have attempted to call her several times and even left a note on her truck window to please contact me so we can settle this matter once and for all.

Now I am stuck with a lease payment of $805/month - an amount that we agreed to pay together (aka, the lease). I believe it is her intention to just not communicate with me and hide away from the situation - as this is her general mentality with other situations.

What recourse do I have against her? I am also afraid she will enter the apartment when I am not there and take much of the stuff that belongs to me. What are my options to remove this fear?

I am most concerned about the rent that I believe she owes my (half of $805/month) and her entering the apartment to take things that belong to me. Another smaller concern I have is the engagement ring that was purchased for her. It was received by her, because it was a promise of marriage. That promise has been broken and she has told me that she will pawn the ring. Do I have legal recourse in this matter?

All in all this is a very bad situation emotionally for me and this is the last thing I ever thought that I would have to do towards this women. I suppose the age difference - I'm 23 and she's 27 may play a small role. It seems I made a mistake in advancing our relationship, but I don't think I should have to pay for it completely! Please help.

[Zephyr]

use the search function, type in engagement ring.....this is a popular question

[BoredAtty]

Originally Posted by cjkeeme

What is the name of your state? Arizona

I am most concerned about the rent that I believe she owes my (half of $805/month) and her entering the apartment to take things that belong to me.

If she signed the lease as jointly and severally liable, then you can sue her for "contribution."

As for her entering and taking things, you'll have to wait until it happens. As long as she is on the lease, she has a right to possess the apartment.

Another smaller concern I have is the engagement ring that was purchased for her. It was received by her, because it was a promise of marriage. That promise has been broken and she has told me that she will pawn the ring. Do I have legal recourse in this matter?

Generally, you are entitled to the ring unless you gave it as a non-conditional gift (e.g. x-mas gift).

[cjkeeme]

If she signed the lease as jointly and severally liable, then you can sue her for "contribution."

Okay, that's great. If we don't settle this and I do have to sue her in court what type of monetary compensation do I ask for? Exactly half? Also, do I have to wait to see if she does not contribute to the rent or is her moving and and not communicating with me reason enough?

As for her entering and taking things. You'll have to wait until it happens. As long as she is on the lease, she has a right to possess the apartment.

So changing the deadbolt is a very bad idea then? I think this is more of a rhetorical questions, but humor me with an answer please.

Generally, you are entitled to the ring unless you gave it as a non-conditional gift (e.g. x-mas gift).

So if she does not return the engagement ring can I include the monetary value of the ring in the case against her?



I really think she is screwing herself on this one as the checking account that paid for rent/utilities/everything was in my name. I think this plays in my favor as I have bank records/receipts for everything. She has no records. Her credit is an an abysmal state, thus is why she did not have a checking account to contribute on record. She first filed for bankruptcy when she was 22.

[BoredAtty]

Originally Posted by cjkeeme

Okay, that's great. If we don't settle this and I do have to sue her in court what type of monetary compensation do I ask for? Exactly half? Also, do I have to wait to see if she does not contribute to the rent or is her moving and and not communicating with me reason enough?

Ask the court for half the rent, plus court costs. You have to wait until she doesn't pay before you can successfully sue. A court will not award you money before she breaches the contract.

So changing the deadbolt is a very bad idea then? I think this is more of a rhetorical questions, but humor me with an answer please.

Yes, that is a bad idea. In fact, she'll have grounds to argue that you ejected her from the apartment and should not be liable to you for the rent.

So if she does not return the engagement ring can I include the monetary value of the ring in the case against her?

Yes.




Good luck!

[cjkeeme]

Okay, I need to clarify one last thing:

You have to wait until she doesn't pay before you can successfully sue. A court will not award you money before she breaches the contract.

Do I have to wait for the first month to pass without her contributing to rent or for the entire lease to pass (10 months). I assume the first month.




Very very last questions I have. I have compiled a letter that I will post in the foyer. She can't miss it when she walks in. Is this a good idea? Could she some how hold this against me? Please let me know if something needs to be omitted or just scrapped entirely. Here is the letter:

<Her name goes here>,

First off, this is not how I wanted to go about this. I am being forced to do many things that I wish I did not have to do. If you do wish to solve this appropriately, I suggest that you email me – and we can schedule a time to meet. I’m going to ask you not to call me on my cell phone, please email me. Of course if your only recourse is to call me, please do so.

Here are some of my concerns:

If you or you and others enter this apartment I have a few concerns. First off, I do request that no one else enters this apartment accept for you. If you decide to take anything, be sure it is your property. This generally means stuff that you owned before you met me. Of course there are exceptions such as clothing and makeup and stuff of that variety. All furniture purchased during our relationship must stay here. If you believe you have a right to some furniture or want to discuss splitting some “stuff”, this is something that must be done together. There is no exception here. The apartment has been well documented; receipts, bank records, photographs and other miscellanea have all been taken and stored safely. A report to the police department has been submitted as a precautionary measure. Of course that means nothing as long as nothing is done incorrectly. If you don’t believe we can come to a proper agreement on our own regarding ownership of property, we can consider hiring a 3rd party mediator.

To be safe stick with taking things that belonged to you before we met. There are still things we should talk about not relating to you removing your property from the apartment. There is the matter of the lease, but if you wish not to communicate with me I will take the appropriate actions. Also, all conditional gifts must be returned. If they are not - appropriate recourse will also be taken. There are still more things to state, but I do not wish to talk about them in such an ambiguous way. If you truly are interested in settling this matter in a suitable manner – email me and do it fast.

There are still other ways to handle this matter – some I think more fitting then what is currently being experienced. If you want to talk again I implore you to email me quickly. I haven’t the time, energy, or emotional willpower to handle this anymore and all actions that we decide upon must be over as quickly as possible. I can’t say it enough – please email me if you wish to talk. My email address is [email]blank@blank.com[/email]. That is the best way to reach me, but if you absolutely must do so you may call my cell phone at 555-555-5555. If I do not answer leave a message. It is unlikely that I will return any phone calls that do not have an accompanying message.

I am trying to be as fair as possible, but you have left me little choice in some matters. I still love you and care for you and would rather see you leave in a more amiable mood. I wish the same for myself.

Remember the good times.

With the utmost sincerity,

<My name here>

[LdiJ]

What do you mean by posting it publically in the foyer? If its what I imagine you mean, its nuts and won't protect you in any way legally.

[cjkeeme]

What do you mean by posting it publically in the foyer? If its what I imagine you mean, its nuts and won't protect you in any way legally.

It's not meant to protect me in a legal sense. It's meant as a form of communication to her if she enters the apartment when I am not there (as she is avoiding communication with me entirely). She can read it and know what I'm thinking and what my intentions are. I just don't want this to somehow come back to bite me, but I don't think it will. It is just an honest statement saying what I think should be done so we can resolve this peacefully.

It will not be public display. It will be posted in the entrance of the house (inside).

[Ohiogal]

Do I have to wait for the first month to pass without her contributing to rent or for the entire lease to pass (10 months). I assume the first month.

One month but then you can only sue for that one month. You also have to show the court that you have been trying to mitigate damages -- getting a new roommate who will cover her share of the rent and what not.

Very very last questions I have. I have compiled a letter that I will post in the foyer. She can't miss it when she walks in. Is this a good idea? Could she some how hold this against me?

Probably she can hold it against you.

Please let me know if something needs to be omitted or just scrapped entirely. Here is the letter:

<Her name goes here>,

First off, this is not how I wanted to go about this. I am being forced to do many things that I wish I did not have to do. If you do wish to solve this appropriately, I suggest that you email me – and we can schedule a time to meet. I’m going to ask you not to call me on my cell phone, please email me. Of course if your only recourse is to call me, please do so.

This is useless truthfully. Forced to do many things you don't wish to do? I could easily if I were her attorney make that out to be a threat depending on what actions come next.

Here are some of my concerns:

If you or you and others enter this apartment I have a few concerns. First off, I do request that no one else enters this apartment accept for you.

the word is not "accept" but "except". You are also not allowed to put this restriction on her as she has equal rights to the apartment.

If you decide to take anything, be sure it is your property. This generally means stuff that you owned before you met me. Of course there are exceptions such as clothing and makeup and stuff of that variety. All furniture purchased during our relationship must stay here.

Bull. You do not have a right to state that all furniture purchased during the relationship must stay.

If you believe you have a right to some furniture or want to discuss splitting some “stuff”, this is something that must be done together. There is no exception here.

Again you are wrong. you cannot state that she has to get your permission to remove furniture or leave it all to you.

The apartment has been well documented; receipts, bank records, photographs and other miscellanea have all been taken and stored safely. A report to the police department has been submitted as a precautionary measure.

What type of police report did you submit as a precautionary measure? Did you lie to them? Or did you just waste their time? Unless a crime has been committed you do NOT involve the police.

Of course that means nothing as long as nothing is done incorrectly.

And you apparently have no clue about what is to be done and how to do it correctly.

If you don’t believe we can come to a proper agreement on our own regarding ownership of property, we can consider hiring a 3rd party mediator.

And she can say no and move to the stuff she considers hers out of the apartment.

To be safe stick with taking things that belonged to you before we met. There are still things we should talk about not relating to you removing your property from the apartment.

YOu do not understand -- SHE HAS EQUAL RIGHTS TO THE PROPERTY IN HER APARTMENT.

There is the matter of the lease, but if you wish not to communicate with me I will take the appropriate actions.

Which include mitigation of damages. If you are not going to mitigate damages then she is not going to have to pay you a dime.

Also, all conditional gifts must be returned. If they are not - appropriate recourse will also be taken.

all conditional gifts? Of which you have mentioned one and only one -- the engagement ring. So ask for that specifically.

There are still more things to state, but I do not wish to talk about them in such an ambiguous way. If you truly are interested in settling this matter in a suitable manner – email me and do it fast.

Or what? What if she wants to take her time and find out her options?

There are still other ways to handle this matter – some I think more fitting then what is currently being experienced. If you want to talk again I implore you to email me quickly. I haven’t the time, energy, or emotional willpower to handle this anymore and all actions that we decide upon must be over as quickly as possible. I can’t say it enough – please email me if you wish to talk. My email address is [email]blank@blank.com[/email]. That is the best way to reach me, but if you absolutely must do so you may call my cell phone at 555-555-5555. If I do not answer leave a message. It is unlikely that I will return any phone calls that do not have an accompanying message.

Control freak much?

I am trying to be as fair as possible, but you have left me little choice in some matters. I still love you and care for you and would rather see you leave in a more amiable mood. I wish the same for myself.

Again depending on your behavior I could make this paragraph enough for a restraining order and getting you removed from the property and her returned -- in such a way that YOU would not be able to have any of the furniture and would have to leave all the furniture there.

Remember the good times.

With the utmost sincerity,

<My name here>

Depending on other behavior of yours, this letter would be a nail in your coffin. You could easily find yourself on the wrong end of a CPO with you being escorted by the police from the apartment and forced to take ONLY your clothing. It could be very easy to do. You also come across as an arrogant control freak in this letter.

[BoredAtty]

Originally Posted by Ohiogal

You also have to show the court that you have been trying to mitigate damages -- getting a new roommate who will cover her share of the rent and what not.

OG, can you confirm that with caselaw? I've never seen a case state where a tenant had to mitigate damages for a co-tenant.

Thanks.

PS: Did you go to law school in Ohio?

[Ohiogal]

Originally Posted by BoredAtty

OG, can you confirm that with caselaw? I've never seen a case state where a tenant had to mitigate damages for a co-tenant.

Thanks.

PS: Did you go to law school in Ohio?

If he wants to collect rent from her then he has to find a new roommate to do so. I have seen it happen in court quite a bit -- especially small claims court which is most likely where THIS case would play out.

[BoredAtty]

Originally Posted by Ohiogal

If he wants to collect rent from her then he has to find a new roommate to do so. I have seen it happen in court quite a bit -- especially small claims court which is most likely where THIS case would play out.

That surprises me. I've researched this issue in the past and I can't find any case law in any state that confirms your opinion. However, if you've seen it in person, what can I say? I think there is a good argument against that silly ruling, but perhaps no plaintiff has bothered to make it in your courts.

OP, if you don't want to take the chance that Ohiogal is correct, you can always leave the apartment and breach the lease. Your landlord will need to mitigate his damages and find a new tenant (you could help speed the process by trying to find someone yourself). If your landlord sues you for any amount of rent, you can then sue your ex for half of that amount.

Ohiogal: Where did you go to law school? Just curious since I went to school in Ohio.

[Ohiogal]

Originally Posted by BoredAtty

That surprises me. I've researched this issue in the past and I can't find any case law in any state that confirms your opinion. However, if you've seen it in person, what can I say? I think there is a good argument against that silly ruling, but perhaps no plaintiff has bothered to make it in your courts.

OP, if you don't want to take the chance that Ohiogal is correct, you can always leave the apartment and breach the lease. Your landlord will need to mitigate his damages and find a new tenant (you could help speed the process by trying to find someone yourself). If your landlord sues you for any amount of rent, you can then sue your ex for half of that amount.

Ohiogal: Where did you go to law school? Just curious since I went to school in Ohio.

U of A. Fear the ROO. And you? Let me guess -- Case? OSU?

I am not saying that his case cannot go the other way but when I have seen it decided it is based on the fact that the roommates do not have a right to hold each other to the lease -- only the landlord does. And because each roommate is liable based on signing the lease (which is usual with most leases around here), when they signed the lease they signed to be responsible for the whole thing. If there is a side agreement they need to prove the side agreement and then prove on the basis of said side agreement that they tried to mitigate their damages -- after all the side agreement if proven is a contract and contract law requires that you try to mitigate damages. Does it make sense? Maybe not but sometimes the law does not always make sense. And it is convoluted at times.

You and I will probably disagree in certain posts however I think we both have good information depending on how we are approaching it and our experiences.

[BoredAtty]

Originally Posted by Ohiogal

U of A. Fear the ROO. And you? Let me guess -- Case? OSU?

Case. Dumb move on my part. I should have gone to OSU and saved $$$. Kinda miss Cleveland at times, though.

I am not saying that his case cannot go the other way but when I have seen it decided it is based on the fact that the roommates do not have a right to hold each other to the lease -- only the landlord does. And because each roommate is liable based on signing the lease (which is usual with most leases around here), when they signed the lease they signed to be responsible for the whole thing. If there is a side agreement they need to prove the side agreement and then prove on the basis of said side agreement that they tried to mitigate their damages -- after all the side agreement if proven is a contract and contract law requires that you try to mitigate damages. Does it make sense? Maybe not but sometimes the law does not always make sense. And it is convoluted at times.

I agree that generally when one side breaks a contract, the other side must mitigate his damages. However, my concern is that forcing a person to live with a stranger is overly burdensome. Is a non-breaching party required to overly burden himself in an effort to reduce the damages caused by the breaching party? I hope not.

As an overall policy, it encourages the otherwise non-breaching co-tenant to similarly breach the lease to avoid having to live with a stranger. Therefore, the otherwise non-breaching co-tenant is hassled by having to move his residence, and the landlord is then hassled by having to find new tenants. The only party not hassled is the original breaching co-tenant. Not only does it seem unfair, but I would think a court would want to avoid legal policies that encourage parties to breach contracts.

That said, the law does not always yield fair results.

You and I will probably disagree in certain posts however I think we both have good information depending on how we are approaching it and our experiences.

I agree completely. My posts here weren't meant as a challenge -- just a discussion.

[Ohiogal]

Case. Dumb move on my part. I should have gone to OSU and saved $$$. Kinda miss Cleveland at times, though.

A cousin went to Case for engineering many moons ago. Oh well. What would being a lawyer be without debt right?

I agree that generally when one side breaks a contract, the other side must mitigate his damages. However, my concern is that forcing a person to live with a stranger is overly burdensome. Is a non-breaching party required to overly burden himself in an effort to reduce the damages caused by the breaching party? I hope not.

As an overall policy, it encourages the otherwise non-breaching co-tenant to similarly breach the lease to avoid having to live with a stranger. Therefore, the otherwise non-breaching co-tenant is hassled by having to move his residence, and the landlord is then hassled by having to find new tenants. The only party not hassled is the original breaching co-tenant. Not only does it seem unfair, but I would think a court would want to avoid legal policies that encourage parties to breach contracts.

Here is a question we do not have the answer to: how many bedrooms in this apartment/house? If there are two or more than my argument would become much stronger than yours I think. But if ony one bedroom then your argument becomes stronger. But the OP when making the contract promised to pay the entire rent. As did his girlfriend.

That said, the law does not always yield fair results.

Agreed. The law is definitely interesting.

I agree completely. My posts here weren't meant as a challenge -- just a discussion.

As are mine. We post and learn. And see things in a different way.