How do I get removed from a lease?

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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 10 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. 


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