[KMonte85]

I'm quite spiteful and nasty so I won't comment on how I would handle it

I'm right there with you, Sally... I personally thought about what I might do in the same situation (it isn't nice or probably very moral) so I don't want to give that advice here because it isn't right and may not be legal. Bieze should do this the right way, so there's nothing to feel bad about later, as she still cares for him, even though they aren't together.. and the right way is getting him out the legal way by working with attorneys and the landlord to either get him out or get herself out of the lease.

[Bieze]

So Update:
He agreed to move out on sunday. he is going to leave his bigger items there but I told him his bed and dresser etc need to be moved out by Dec 10th.
I am debating if I want to press charges through citibank or work out an agreement with him as far as paying me back.

[WildChild]

As a property manager, I can confirm that your landlord is correct in that you are in a lease which is a legal contract. It can be broken, if they agree to it. But if the manager is not the property owner, they may not have the authority.

If your roommate isn't paying anything and you are paying, then you can afford the unit on your own. Find out from the manager what it will take to get a new lease on your own. You will need a legal statement (that may be as simple as a letter) from your lease mate, stating his desire to be off the lease and one from yourself stating your willingness to take over the lease, these have to be in writting and may have to be witnessed and notorized. Moving and allowing an eviction to go foreward is a possiblity but exhaust other options first. It will go on your credit record and that can be for many years. An eviction can leave the two of you responsible for the full amount of rent for the duration of the lease or until it is rerented, all cost associated with preparing the unit to rerent, costs of advertising to re rent, as well as court costs. Background checks are universally done in the rental market and you don't want to live in the kind of place that doesn't do them, they will find out that you are currently in a lease and will have to know why you are seeking to break it. That will put up several red flags from management's viewpoint; financial trouble, legal trouble, relationship trouble, and poor judgement are not desirable traits in a tenant. Be aware that you will have to be able to give a rational explaination for your rental history.

I've dealt with this kind of stuff and it is a PIA. Frankly with these situations I want to see one or both off the property ASAP. But the legal aspects must be dealt with. One of you has to voluntarily surrender tenancy and the other accept full responsibilty for the lease, that or you have to get the owner to agree to allow the contract to be voided.

If the situation starts to get ugly, call the cops. If the situation warrents a restraining order, that may affect your ability to alter the lease.

[WildChild]

So Update:
He agreed to move out on sunday. he is going to leave his bigger items there but I told him his bed and dresser etc need to be moved out by Dec 10th.
I am debating if I want to press charges through citibank or work out an agreement with him as far as paying me back.

Find out what you need to have from him to get the lease in your name only. Otherwise you can't have the locks changed. You are unlikely to get your money back without some sort of legal incentive for him to pay.

[Bieze]

he signed the form to get his name removed from the lease. I am getting the locks changed on sunday after he leaves.I just am debating being nice and working out a payment plan with him or doing what I think I should do and having citibank deal with everything.

[KMonte85]

Thank goodness! I'm so happy this worked out for you, Bieze! Sounds like you're on your way to a healthier and happier life