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Getting name off lease.

Discussion in 'Business, Careers & Education' started by Jokerman, Mar 29, 2011.

  1. Jokerman

    Jokerman Well-Known Member

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    So I moved out of an apartment I was sharing with friends and I am still paying my share. I want to get my name off the lease though. If I pay the rest of my share in full now can my name be taken off?
     
  2. Slopho

    Slopho Well-Known Member

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    Have you spoken to the landlord?
     
  3. Jokerman

    Jokerman Well-Known Member

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    No not yet. I want to see if anyone has heard of doing this before I try it. The whole reason I want to get my name off of it is because they have trashed the place since I have left and I do not want to be held responsible.
     
  4. Joffrey

    Joffrey Well-Known Member

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    Sublet. They may also have an indemnification form but all other parties to lease and the landlord have to agree to it.
     
  5. JohnGalt

    JohnGalt Well-Known Member

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    No not yet. I want to see if anyone has heard of doing this before I try it. The whole reason I want to get my name off of it is because they have trashed the place since I have left and I do not want to be held responsible.

    You're probably screwed. The landlord has no reason to execute a new lease agreement and all parties to the agreement are liable for damages. You will probably have to take it up with your former roommates.
     
  6. Jokerman

    Jokerman Well-Known Member

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    I have tried finding someone to sublet but there is no one who wants to live with them. They are slobs. I went to get my TV yesterday from there and there was barely any walking space. I had to dodge fast food boxes and beer cans.
     
  7. JohnGalt

    JohnGalt Well-Known Member

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    Have they caused physical damage to the place or is it just unkempt?
     
  8. Slopho

    Slopho Well-Known Member

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    How long have you been out of that place? This should have happen minute 1 of you leaving.
     
  9. Jokerman

    Jokerman Well-Known Member

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    Have they caused physical damage to the place or is it just unkempt?

    Mostly just unkept. The carpet is in pretty rough shape but can be cleaned with a steam cleaner I hope. I mean being that they are underage if the management service walked in they would probably be kicked out if they saw the alcohol and stuff.

    I had been out of there since December 17 with the intention of staying there but did a lot of thinking on my trip and decided to move back to my home town. They thought it was my job to do all the cleaning and wake them up in the morning. I didn't really give them much notice I just came up got my stuff and left. I told them that I would pay my end of the rent but the rest is there problem.
     
  10. JohnGalt

    JohnGalt Well-Known Member

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    How long have you been out of that place? This should have happen minute 1 of you leaving.

    I can understand the OP wanting to get out of the lease, but isn't that really much more difficult than it sounds?

    OP entered into a legal agreement with the landlord. Why should the landlord release OP of his responsibilities under the agreement? I presume that each tenant party that signed the lease has full responsibility for the provisions of the lease. That is, if the rent is $1,000 per month and there are 4 people, as far as the landlord is concerned it doesn't matter who pays how much - the landlord must receive $1,000. If 3 parties pay $250 and the fourth is a deadbeat - they are all in violation of the lease.

    With that being said, particularly in the case of damage to the property, a landlord would rather be in the position of being able to collect from multiple parties. I would think that there would be a higher likelihood of successful collection.
     
  11. Joffrey

    Joffrey Well-Known Member

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    OP when is your lease up? Suck it up and then wash your hands of the mess at the end of your lease.
     
  12. Harold falcon

    Harold falcon Well-Known Member

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    OP, you have a written contract that specifies the terms. Without actually seeing that contract no one here will be able to give you good advice, it will all be supposition on our parts. You have also failed to tell us your jurisdiction and rental law can vary widely from state to state.

    Your best bet is to take a copy of the lease to a local attorney and pay him or her $75 for a consultation to see what your options are. If you need a referral to your local bar association PM me and I will get it for you.
     
  13. ter1413

    ter1413 Well-Known Member

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    You're probably screwed. The landlord has no reason to execute a new lease agreement and all parties to the agreement are liable for damages. You will probably have to take it up with your former roommates.

    Probably this^^^
     
  14. Jokerman

    Jokerman Well-Known Member

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    It is only till June so I guess I will just wait it out. I just figured If I paid them my full share for the rest of the lease up front they might would take my name off.
     
  15. texas_jack

    texas_jack Well-Known Member

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    It is only till June so I guess I will just wait it out. I just figured If I paid them my full share for the rest of the lease up front they might would take my name off.

    I think that would require a new contract to be made up and everyone resign again without you on there. So no.
     
  16. Jokerman

    Jokerman Well-Known Member

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    ^ I thought that might be the case but thought I would just ask.

    I learned a valuable lesson not to have "friends" as roommates let alone have roommates when you are OCD.
     
  17. ter1413

    ter1413 Well-Known Member

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    ^ I thought that might be the case but thought I would just ask.

    I learned a valuable lesson not to have "friends" as roommates let alone have roommates when you are OCD.


    [​IMG]
     
  18. dragon8

    dragon8 Well-Known Member

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    So I moved out of an apartment I was sharing with friends and I am still paying my share. I want to get my name off the lease though. If I pay the rest of my share in full now can my name be taken off?

    Only if the landlord agrees to it. Are all of your names on the lease or not?

    Sublet. They may also have an indemnification form but all other parties to lease and the landlord have to agree to it.

    Most rental contracts ban sublet unless written notice is given to landlord and the landlord expressly agrees.
     
  19. Dakota rube

    Dakota rube Well-Known Member

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    A bit better than yesterday, all day vomiting for
    It is only till June so I guess I will just wait it out. I just figured If I paid them my full share for the rest of the lease up front they might would take my name off.

    You ready to get billed for damage?

    You're still on the hook for all that, I hate to say.
     
  20. ter1413

    ter1413 Well-Known Member

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    Only if the landlord agrees to it. Are all of your names on the lease or not?


    Most rental contracts ban sublet unless written notice is given to landlord and the landlord expressly agrees.


    if he wants to get his name off da lease...we are guessing YES!
     

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