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What are my rights on getting roommate off of lease?

What are my rights on getting roommate off of lease?

Full question:

My partner and I signed a one year lease. My partner has moved out and i want his name removed. My landlord states his name must stay on the lease and he will have legal access for the whole term whether his is physically there and or pays rent or not! What are my rights?

Category: Landlord Tenant
Date: 04/07/2025
State: Arizona

Answer:

Unfortunately, it is our information and belief that your landlord is absolutely correct in his/her statement.

However, we advise you to contact the following Tenant's Rights organization:

http://www.arizonatenants.com/links.htm

Please refer to their 'break-lease' program, as well as the other resources.

http://www.arizonatenants.com/breaklease-intake.htm

Tapping this local expertise is your best chance of a favorable resolution to your issue. Once the landlord is faced with fighting a local organization, he/she may relent.

We cannot give legal advice. The foregoing is not a substitute for the advice of a local attorney. But we hope the information will be useful.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when you break up with someone with a lease?

When you break up with someone while sharing a lease, both parties remain legally responsible for the lease until it ends. This means that even if one person moves out, they may still owe rent and be liable for lease terms. It's important to communicate with your landlord about the situation and understand your rights and responsibilities. Consulting a local tenant's rights organization can provide guidance tailored to your specific circumstances.

What happens if your roommate moves out before the lease is up?

If your roommate moves out before the lease expires, they are still responsible for their share of the rent and lease obligations unless the landlord agrees to release them. You may need to discuss options with your landlord, such as finding a replacement tenant. It's advisable to review your lease agreement for any specific terms regarding early termination or roommate changes.

Can my partner remove me from a lease?

No, one partner cannot unilaterally remove the other from a lease. Both parties must agree to any changes, and the landlord must consent as well. If one partner wishes to be removed, it typically requires a formal agreement and possibly a lease amendment. It's best to consult the lease terms and speak with your landlord for the proper procedure.

What happens if someone on the lease moves out?

If someone on the lease moves out, their name remains on the lease until it expires, making them still liable for rent and lease terms. The remaining tenant should notify the landlord and may need to discuss options for replacing the tenant or modifying the lease. Always check the lease agreement for specific clauses regarding this situation.

Can you get someone's name removed from a lease?

Removing someone's name from a lease typically requires the agreement of all parties involved, including the landlord. If one tenant wants to be removed, the landlord may need to draft a lease amendment. It's essential to review the lease terms and consult with the landlord to understand the process and any necessary documentation.

What happens if you break up with someone you share a lease with?

Breaking up with someone you share a lease with means both parties remain responsible for the lease until it ends. The tenant who stays must continue paying rent, while the one who leaves may still be liable for their share unless formally released by the landlord. It's advisable to discuss the situation with the landlord and seek legal advice to understand your rights.