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Forum / Move-Out & Eviction / Married tenants with kids separated.

Married tenants both signed the lease. Now they're separated and there's an order of protection against the husband. Husband wants out of the lease and is requesting some money back. Wife wants to stay with the kids but will not be able to afford rent plus utilities. Since husband wants to break the lease, is this a breach of contract since both signed the lease.(husband was the main provider) Can we evict the wife?

Lea and Chuck S, NY on Monday, September 15, 2014

RE: Married tenants with kids separated.

Yes this is a breach of contract since he is breaking the lease and you would be entitled to the terms in the lease if they decide to terminate. As for the wife if she cannot afford it she too would need to properly end the lease or find a suitable roommate. If she refuses to leave you may always evict.

Posted by Derrick D, PA on Tuesday, September 16, 2014

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