Can a landlord remove just 1 person from a lease if multiple tenants are on it?

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Can a landlord remove just 1 person from a lease if multiple tenants are on it?

My sister and I entered a lease together and about 6 months into the lease time my landlord let her move out and start up another lease at another apartment the landlord owed. Is that legal or is my lease now void?

Asked on August 1, 2012 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, the landlord may not release your sister from the lease unless you agreed to it, too; leases are contracts, and contracts may not be modified without the consent of all parties to them. It's not that your lease is void, it's that your sister is still obligated under it--the lease remains enforceable against your sister, since she could not be released without your consent.


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