Question

How do you remove a name from the lease between two tenants?

Friends of mine, (a married couple) rent a duplex together. They ended up getting into a dissagreement, that got very verbal and physical, to where they've decided that they no longer want the relationship. She's asked him to leave, he told her no and for herself to leave because his name is on the lease as well. (even tho she is the primary tenant, he's an additional tenant) neither feel like they should move from the duplex. He has no family here and she has 4 small children from a previous relationship. To move would put both iin an awkward situation... how do you legally remove either name from the lease agreement.

8 years ago - 6 answers

Best Answer

Chosen by Asker

I don't think you can force another person off your lease. There is no legal agreement between you and the other person, the agreement is between the tenant and the landlord. Depending on the terms of the lease, the landlord may be able to remove their name, but I think even in that case, the person has to agree.

The cleanest way to deal with it, unfortunately, is to just wait out the lease until it expires. If you are a good tenant, hopefully the landlord will be willing to write a new lease with only your name on it.

8 years ago

Other Answers

They have to go to the leasing company/person and have a new lease written up that only has one tenant listed on it and agreeing to destroy the previous lease.

by cosaxteacher - 8 years ago

If your friend is the primary on the contract, then she can hire a lawyer to get him removed from both the contract and the duplex. Tell her good luck! =)

by texasgal_n_ga - 8 years ago

They must go to the landlord/owner of the property and ask to have the lease revised (as the occupants are changing) and the landlord/owner will need to do the necessary revisions and supply a new copy of the lease to the tenant who will remain on the premises.

Hope that helps

by bucyrus73 - 8 years ago

if she is the primary lease holder and he is only on as a secondary she has every right to make him move out. i would talk to the landlord first to see about getting him eveicted and if that does'nt work just call the police and they will remove him.

by ij_bowles - 8 years ago

Their lease is a legal arrangement between them and the landlord. One of them has to be willing to take their name off the lease and the landlord has to agree to it. If he agrees to let one of them out of the lease, he has to write up a new lease. Otherwise there is no way out. Nobody is either primary or secondary on a lease. Both parties have a financial obligation to the landlord. If one of the them doesn't pay the rent, the landlord can go after the other regardless of whether they live in the apartment or not.

by pcheesewhiz - 8 years ago