Was "asked" to leave, do I have to send spouse notice that I am notifiying Landlord?

[steven93921]

Was "asked" to leave, do I have to send spouse notice that I am notifiying Landlord?

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

My spouse (an alcoholic) during one of her benders, threw personal belongings out onto the front yard and sent me a text message to leave. I called the police so that I could go into the home and retrieve clothes and other personal belongings and do not plan to return. We signed a simple lease (I think it was fill in the blank) that had a 12 year term but that was 2 1/2 years ago so we should be tenants at will at this point.

What am I required to notify the Landlord and my spouse of? Do I simply state that I have been asked to leave and to remove me from the tenancy? Do I have to CC my spouse of the notice to the landlord?

Family and Friends have all advised asking the police to be present when I return to collect additional personal belongings, is this necessary if she agrees to leave for a day so I can pack up my things? Is it unreasonable to expect the police to remain while I pack up and removed my belongings?

 

[latigo]

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

My spouse (an alcoholic) during one of her benders, threw personal belongings out onto the front yard and sent me a text message to leave. I called the police so that I could go into the home and retrieve clothes and other personal belongings and do not plan to return. We signed a simple lease (I think it was fill in the blank) that had a 12 year term (?) but that was 2 1/2 years ago so we should be tenants at will at this point.

What am I required to notify the Landlord and my spouse of? Do I simply state that I have been asked to leave and to remove me from the tenancy? Do I have to CC my spouse of the notice to the landlord?

Family and Friends have all advised asking the police to be present when I return to collect additional personal belongings, is this necessary if she agrees to leave for a day so I can pack up my things? Is it unreasonable to expect the police to remain while I pack up and removed my belongings?

For starters please don't be so careless in your narration. No way did the two of you enter into a "twelve (12) year term lease"!

Next, what makes you think that notifying your landlord that your estranged wife has asked you to leave will have any consequences with respect to your obligation to said landlord as per you existing tenancy agreement? It is as naïve as proposing that if you and she had a mortgage on a family home, you could get out from under the mortgage debt by notifying the lender bank that she had thrown you out of the house.

What you need to understand is that your domestic squabbles are inconsequential as far as your individual obligation to the property owner and that nothing your wife can do is going to get you off the hook for the rent or any other responsibilities associated with the tenancy.

Your situation is unenviable for several reasons including the fact that UNLESS she agrees to join with you and give the owner an appropriate and timely notice to terminate the month-to-month tenancy (30-days in advance of the prescribed date), AND she correspondingly and voluntarily vacates the premises, you will remain liable for any accumulation of rent - whether you occupy the rental or not!

If you are of the mind that you as a co-tenant can - against her wishes - end this month-to-month tenancy by singularly giving the necessary statutory notice think again! Or better yet consult with a New Hampshire attorney and let him do the thinking.

As for the police babysitting while you extract personal belongings and effects from the home? Only if they are willing. But under the circumstances being short of a DV atmosphere, I don't see it happening. And the last thing you want is the creation of a DV atmosphere!

 

[steven93921]

For starters please don't be so careless in your narration. No way did the two of you enter into a "twelve (12) year term lease"!

My apologies. He raised the rent after 12 months but we never signed any additional documents. I know it's still vague, but the lease is back in the house and I have not been back there.

Next, what makes you think that notifying your landlord that your estranged wife has asked you to leave will have any consequences with respect to your obligation to said landlord as per you existing tenancy agreement? It is as naïve as proposing that if you and she had a mortgage on a family home, you could get out from under the mortgage debt by notifying the lender bank that she had thrown you out of the house.

Actually, I am certain including that does not matter, but at least indicates the my spouse is not intending to leave and that I am no longer living there.

What you need to understand is that your domestic squabbles are inconsequential as far as your individual obligation to the property owner and that nothing your wife can do is going to get you off the hook for the rent or any other responsibilities associated with the tenancy.

I understand that. I also understand she cannot force me to leave, I also cannot force her to leave. I can either evict her myself, have her arrested and get a restraining order, or simply move out and move on.

Your situation is unenviable for several reasons including the fact that UNLESS she agrees to join with you and give the owner an appropriate and timely notice to terminate the month-to-month tenancy (30-days in advance of the prescribed date), AND she correspondingly and voluntarily vacates the premises, you will remain liable for any accumulation of rent - whether you occupy the rental or not!

Yeah, it sucks. It would be better that she agree and move out too or sign her own lease with the landlord. Both scenarios would be the end of my liability. But I have a hard time believing she can force me to remain forever bound to the terms either.

If you are of the mind that you as a co-tenant can - against her wishes - end this month-to-month tenancy by singularly giving the necessary statutory notice think again! Or better yet consult with a New Hampshire attorney and let him do the thinking.

First... no need to get snippy there, thought this is where the uninformed could come to get informed. And this is also where my confusion is (and I am certain at some point I will ask a NH attorney more specifically), does the marriage make our co-tenancy different than non-spouses? Most of the information I am reading for terminating co-tenancy is that any one co-tenant can give notice, effectively terminating that lease. The remaining tenant(s) can sign a new lease with the landlord. Why is this situation that much different?

As for the police babysitting while you extract personal belongings and effects from the home? Only if they are willing. But under the circumstances being short of a DV atmosphere, I don't see it happening. And the last thing you want is the creation of a DV atmosphere!

To a certain extent, they already are willing and informed me that night that if I felt in necessary for my safety to have the police accompany me if I need to retrieve additional personal belongings that I can (I want to say they used the term "cooling off" but I do not know if that is correct or still applies after a week). The DV "atmosphere" is already created (and yes, it is the last thing I want, but she did it to herself), I simply do not want it to get any worse for her. Ideally, she will figure it out and get sober.