How do I get removed from a lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I get removed from a lease?
I am on a month-to-month lease with a roommate. I gave notice to my landlord that I am moving and my roommate wants to stay. When my previous roommate moved out, we signed a change of occupancy document and I was solely on the lease until I found a new roommate. My current roommate wants to do the same, but the landlord says she has to do (another) application and if she doesn’t qualify as a sole tenant he won’t remove me from the lease. Can he do this?
Asked on July 22, 2011 Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am confused. If you are a month to month tenant, even if it is a month to month written lease (which means you sign a new lease every month?) then all you have to do is to give one month's notice that you are leaving and I believe that you have done that. Did you give the notice to the landlord in writing or verbally? You need to follow what the lease says but in writing is always best. And it has to be one month from the date that you pay rent (like the first of the month or the 15th of the month or what ever your agreement is) and it is best to add a few days extra to that (like about 7 to be safe). The change of occupancy document must be something particular to the area or to your landlord. And if he chooses not to rent to your current roommate - which he can do as long as it is not discriminatory - although I think it it odd at this late date, he can choose to do that.
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.