Saturday, July 10, 2010

Can one person's name be removed from a one year rental lease agreement signed by two parties?

My daughter's roommate seems to have gone a little sideways and is causing the rent to be late. This month is the second time and I just don't trust this other girl. I told my daughter to call the landlord to get her name (my daughters) off the lease so her name will not be muddied because of this other girl.Can one person's name be removed from a one year rental lease agreement signed by two parties?
One person can be released from the lease, but all parties to the lease (all tenants and landlord) would have to agree to it in writing.





The roommate will not likely agree to it because it leaves her responsible for the full rent each month.





The landlord will not likely agree to it because the lease provides 2 people to go after for the full rent. The landlord does not benefit in any way by allowing one person to be released.Can one person's name be removed from a one year rental lease agreement signed by two parties?
Yes, your daughter should have roommate's name taken off the lease ASAP
If your daughter plans to move out, then she can speak to the landlord and ask to be removed from the lease if the roommate is agreeable. Unless the roommate has a replacement waiting in the wings, I doubt she would agree to being 100% responsible for the rent. If she does, make sure your daughter has the landlord review the property for damages when she leaves so that she's not held liable for anything after the move out.





If your daughter plans to stay, I doubt the landlord would remove her from the contract. I would recommend that your daughter pay the landlord her half of the rent on time and keep careful records. If the roommate doesn't pay and causes an eviction she will at least be in a position to sue her in small claims court for lost security deposit (no guarantee she'll win though).





Hope that helps.





Mia


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