Getting name off lease.

[Jokerman]

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?

 

[Slopho]

Have you spoken to the landlord?

 

[Jokerman]

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.

 

[Joffrey]

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

 

[JohnGalt]

Originally Posted by Jokerman

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.

 

[Jokerman]

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.

 

[JohnGalt]

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

 

[Slopho]

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

 

[Jokerman]

Originally Posted by JohnGalt

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.

 

[JohnGalt]

Originally Posted by Slopho

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.

 

[Joffrey]

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

 

[Harold falcon]

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.

 

[ter1413]

Originally Posted by JohnGalt

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^^^

 

[Jokerman]

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.

 

[texas_jack]

Originally Posted by Jokerman

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.