Who can give notice to landlord at end of lease period?

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Who can give notice to landlord at end of lease period?

My husband and I are separated. Going through an unfriendly divorce. We are both listed on apartment lease in KS, but he left for NV 10 months ago. I have been paying all rent. We are at the end of our lease and I want to give the required 30 days notice. Apartment staff say they cannot accept my written notice, but they need both signatures. I’m sure my ex will not cooperate, so I am stuck. Why can’t I just give the notice?

Asked on August 31, 2010 under Real Estate Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Oh what a problem!  But not insurmountable.  I would read your lease and see what it says.  Then I would - regardless of that - send a letter by certified mail return receipt requested indicating that you are giving them the required 30 days notice that you are not renewing your lease.  Were you awarded the marital residence temporarily during this matter?  I would indicate such in the letter.  Even though the landord ir right that he or she is not a parity to the divorce and therefor they are not bound by the decisions made therein, they have accepted your rent alone for the last 10 months.  With everything that you have going on I am sure that you do not need to add this to your troubles but you might just have a fight on your hands.  Let your ex know what you are doing.  And let him know in no uncertain terms that you are terminating the lease agreement and that if you are held liable under the lease because of his refusal to give written termination, you are BOTH held liable.  And that you will address the issue in court if necessary.  Good luck.


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