What t do if I need to move my daughter out of an apartment that she shares with an abusive boyfriend but her landlord will not release her?
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What t do if I need to move my daughter out of an apartment that she shares with an abusive boyfriend but her landlord will not release her?
She is afraid of him. They both signed a leaase agreement that has now expired and is now a month to month basis. The landlord will not let her move out without getting the boyfriend to sign a document stating the he releases her as a roommate, he will not. Everyone is afraid of him. I need to move my daughter home to care for her. She has paid all rent, utilities and food for the apartment for the last 14 months. There is also my 11 year old granddaughter living there. My daughter wants to move and has lost her job due to the head injury. I need to move her home to care for her. What recourse do we have to move her out? The landlord is insisting that my daughter will continue to be responsible for the rent if she moves even with giving 30 day notice.
Asked on October 5, 2012 under Real Estate Law, Washington
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Safety first... get your daughter out of the apartment to somewhere safe. Second, go to this link: http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.575 She may qualify for a termination of her lease under this provision-- she may need to give a copy to that landlord. If she does not qualify, per se, then she either needs to take the steps to qualify (like the filing of a report).... or look at her lease for second options. It's unusual for a lease to bind someone that does not want to be bound beyond the contract term. If the lease does not have a provision that requires an agreement by both tenants to break the lease after the initial term has been met, then yes, she can give her thirty days notice, pay the balance of what is due, and end the lease. If this lease does require his consent to break it, she may want to consider filing a protective order and ask for that consent as part of her relief under the protective order. What it really sounds likes is the landlord knows that she's the one with the money and he doesn't want to get stuck with a deadbeat tenant. Do not let his bluff fool you or her-- read the lease, read the link about victim's rights, and then consult with family law or landlord/tenant attorney if you need to. You may want to hire one of them just to send a demand letter on your daughter's behalf-- often a letter explaining the law will fix the issues that she is having.
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