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Royally screwed? Getting out of a lease when separated from spouse

Posted by Conrad Moon on June 23, 2000 at 16:09:41:

My wife surprised me just over four months ago by stating out-of-the-blue that she did not want to be married anymore. She demanded that I move out of our apartment. I complied and have not lived there since. Having hoped for reconciliation, to date I have not filed for divorce, but will be doing so next week. The apartment is in the Lehigh Valley, Berks County, Pennsylvania.

This month she did not make full rent payment on the apartment, which I discovered yesterday. Today I gave her moneys to pay the remainder of the rent and called my landlord to discuss the situation and find out how I can remove myself from the lease that my wife and I both signed. He told me that he needs 60 days notice of termination, and that since our lease automatically renews in lieu of such notice and is scheduled to do so at the beginning of August, which is less than 60 days away, I am stuck on it for another 13 months. The lease also prohibits subletting and assigning of the lease.

Given the facts that my wife intends to have her surprise new boyfriend move in at the beginning of the lease renewal, and that he has already moved in a significant amount of his belongings in, compounded by the fact that every time I have gone over I have discovered condom wrappers littering the floor, do I have a legal right to quit this lease? If so, what are the legal grounds and how should I go about doing it? Obviously I have found the apartment uninhabitable for the past four months.

Always an adventure.

Thanks in advance for any advice,
Conrad

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