Threatened to sign another form

[youngidealist]

What is the name of your state (only U.S. law)?
CA

The ex-wife and I are still going through the divorce. She's also trying to get out of the apartment lease by arguing a case about the mold issue to the management. Today she came to get the last of her things and wanted me to sign a form that said she was "gifting" me the rest. I told her that I wanted a copy, for her to sign it, and a day to research whether or not "gifting" would mean anything against me in court (because we are fighting over who gets the car still). She then said she "needed" me to sign it as proof that she no longer has possessions in the apartment by the end of the month to the management.

The management has delayed giving us a straight answer for the last two weeks and she is determined to leave and pay nothing after the end of the month. I don't know if I can move out that soon.

Questions:
1. The "gifting" thing is bogus and just means that she is oblivious to how the law actually works right?

2. What should I be doing about the lease at this point? Will management be forced to accept losses for the time it takes them to respond and tell us if they will cooperate or not? I'd rather stay with just my half of the rent for one more month, (which she is supposed to be paying because I had to cover both of us for the month of January) and then move out if I could.

 

[atomizer]

Don't look at a gift horse in the mouth. She is willing to gift everything to you take it. If she's willing to sign better yet. You are both responsible for lease, And the landlord can come after you or her. It is up to him.

 

[sandyclaus]

What is the name of your state (only U.S. law)?
CA

The ex-wife and I are still going through the divorce. She's also trying to get out of the apartment lease by arguing a case about the mold issue to the management. Today she came to get the last of her things and wanted me to sign a form that said she was "gifting" me the rest. I told her that I wanted a copy, for her to sign it, and a day to research whether or not "gifting" would mean anything against me in court (because we are fighting over who gets the car still). She then said she "needed" me to sign it as proof that she no longer has possessions in the apartment by the end of the month to the management.

The management has delayed giving us a straight answer for the last two weeks and she is determined to leave and pay nothing after the end of the month. I don't know if I can move out that soon.

Questions:
1. The "gifting" thing is bogus and just means that she is oblivious to how the law actually works right?

2. What should I be doing about the lease at this point? Will management be forced to accept losses for the time it takes them to respond and tell us if they will cooperate or not? I'd rather stay with just my half of the rent for one more month, (which she is supposed to be paying because I had to cover both of us for the month of January) and then move out if I could.

Are you on a lease or are you month-to-month tenants?

Regardless if she signs something saying she no longer has any possessions in the apartment, if YOU remain there, then BOTH of you (if you are BOTH named on the rental agreement/lease documents) remain responsible for paying the rent in full. Just because she moves out and takes all of her belongings with her, that does not relieve her of the obligation to pay rent while you are still there.

And just because SHE is moving out that does not give you an automatic out if you are under a lease. ALL parties (including the LL) must agree if you are to end the lease early. Chances are, the LL doesn't really care that you are splitting up - if you are under a lease, you remain responsible for the full rent between the two of you until it's expiration date, or until a new tenant can be found to replace you, whichever comes first.

 

[Who's Liable?]

What is the name of your state (only U.S. law)?
CA
1. The "gifting" thing is bogus and just means that she is oblivious to how the law actually works right?

Take it to your lawyer and have them look at it. She's trying to avoid responsibility for removal of said items as they will no longer become her possessions.

2. What should I be doing about the lease at this point? Will management be forced to accept losses for the time it takes them to respond and tell us if they will cooperate or not? I'd rather stay with just my half of the rent for one more month, (which she is supposed to be paying because I had to cover both of us for the month of January) and then move out if I could.[/QUOTE]
She cannot be removed from the lease without your written consent. Your best bet is to stay there and pay rent. However if you cannot pay the rent and are thus evicted because she failed to pay her half, YOU can sue HER for the eviction and ALL costs associated with said eviction. BUt for her action of failing to pay 1/2 the rent, you would not be evicted.