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tandy

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Posts: 3
Reply with quote  #1 
Hello all...I am currently renting an house with my ex boyfriend.We recently decided to end our relationship as a result he wants to get my name of the lease I personally think that we can stick it out until our lease is up in August.My qustion is what would need to be done for him to take my name off the lease? 
MikeTfromCA

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Posts: 125
Reply with quote  #2 
You will first need to contact the landlord or property manager and explain that you would like them to draw up a new lease agreement for the remainder of the term of this lease with you not being listed on it.  This could go either way with them.  They could, as they would have every right to, refuse your request and you will have to remain on the lease until it expires.  I'm not sure how long you or your ex plan on living there, but one option you could give them to "sweeten the deal" would be to request that the new lease that they draw up have a term of equal to or greater than the current term you're on.  In all likelihood, this will only apply if you've been a good tenant thus far (i.e. you always pay the rent on time and follow their rules) and they have no intentions of wanting to get the property back.
tandy

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Posts: 3
Reply with quote  #3 
Thanks Mike,and we have been good tenants thus far always paying rent on time and so forth but I dont want to have my name taken off the lease thats the problem since I have broke up with my ex becouse of him being unfaithfull he feels like I should move out like yesterday lol as it stands right now Im not in a position to run out and get another house financially.I have moved into the spare bedroom and informed my ex that I will continue to pay half of the bills but again he wants me to move out immediately,I guess my question more or less is can he have me thrown out on my ear lol or am I intitled to stay since both of our names is on the lease? 
MikeTfromCA

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Posts: 125
Reply with quote  #4 
Sorry, I misinterpreted your question.  You're absolutely entitled to stay on the lease.  He cannot have you removed from it without your and the landlord's consent since that would be considered a breach of contract (by means of unwarranted early termination of the original agreement - the lease you're currently on).    

In fact, one example of this type of issue is also one of the most common issues landlords deal with when it comes to co-applicants on rental agreements.  It happens when the co-applicants decide to part ways before their lease has matured, there's usually a battle over the departing tenant trying to get their portion of the security deposit back.  Since a lease agreement legally requires that all parties fulfill and comply with all requirements until the lease/agreement ends and the landlord regains possession of the premises. Because of this the landlord is not legally required to (and just about never does) refund the departing tenant's portion of the deposit.  The departing tenant is left to work it out along with any other personal differences with the remaining tenant. 
tandy

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Posts: 3
Reply with quote  #5 
Thanks Mike,you have been a big help!!!!! 
prin1113ci

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Posts: 86
Reply with quote  #6 
Eviction is the removal of a tenant from rental property by the landlord . In some jurisdictions it may also involve the removal of persons .The removal of a tenant from possession of premises in which he or she resides or has a property interest .


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