What to do if 1 out of 2 tenants wants to move?

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What to do if 1 out of 2 tenants wants to move?

2 of my tenants signed a 1 year lease together. Now 1 of them wants the other to move out. Can I legally take the other’s name off the lease?

Asked on January 5, 2011 under Real Estate Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You question is a bit confusing.  Are you talking about taking the name of the tenant that wants to move out off the lease?  Are you willing to let them out of the lease agreement and to let them off the hook for the rent?  But the other tenant would then be the only other person on the lease and seemingly responsible for the entire amount alone,which is not the contract that he or she negotiated in the first place.  Is the tenant that is staying willing to sign a new lease being solely responsible for the rent? As long as all the parties to the agreement agree together then you can re-negotiate anything.  But you can not alter a contract unless all the parties agree and you are covered.  Good luck. 


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