What are my legal rights to be removed from a lease?

UPDATED: Aug 3, 2011

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What are my legal rights to be removed from a lease?

My partner and I are splitting up. We signed a 1 year lease and are half way through. My landlord refuses to remove me from the lease. They never checked credit history so it isn’t due to my partner’s bad credit, they “just don’t want to do that.” There is no clause in the lease about removing a tenant from the lease. Is there anything I can do to get removed since there is not clause in the lease? What court in CO would I turn to for a ruling to remove me from the lease?

Asked on August 3, 2011 Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you signed a written lease with your landlord for a set term, you are obligated under the lease to finish out its terms under the conditions stated. You have six months left under your lease and you want out of the lease's terms because you are splitting up with your partner.

Your landlord refuses to remove you from the lease's terms. That is his or her right.

Options: You have the following options. The first is to have a written agreement with your partner that he or she will remain in the unit and be responsible for the entire balance of the lease, not you. Your partner can get another roommate to assist with the monthly rent for the balance of the lease. The second option is for your to sub-lease your interests in the lease to some third person who would be responsible for the balance of the six months remaining.

If either of the above scenarios are presented to your landlord, he or she may be willing to release you in writing from the balance of the lease.

Good luck.

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 AttorneyPages.com 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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