Both names on rental lease

UPDATED: Oct 1, 2022

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Both names on rental lease

We both signed a rental lease. I moved
out and dont want to be legally
responsible for the property like if her
son destroys property or if she fails to
pay rent. I contacted the rental company
who only said it was a legal and binding

Asked on April 15, 2019 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The rental company is right: a lease is a contract, and is an enforceable (e.g. in court, by a lawsuit, if necessary) and binding legal document. It is NOT affected by your marital or living situation: that you may be having difficulty with your marriage or that you moved out has no effect whatsoever on the lease. You have no legal right to be removed from the lease, and only could be removed if all parties to the lease--e.g.  your wife and the landlord, as well as yourself--voluntarily agreed to remove you. And it is very unlikely that the landlord will agree to remove you, since that does not give them any advantage or benefit but actually hurts their interests, by reducing the number of people they could hold accountable (i.e. sue) for unpaid rent or property damage.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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