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What are my legal rights to the apartment if my roommate wants out?

What are my legal rights to the apartment if my roommate wants out?

Q: Can you take someone off a lease without their permission?

Generally, you cannot remove someone from a lease without their permission. Both parties must agree to any changes in the lease agreement. If one party refuses, you may need to seek legal advice or negotiate a solution with your landlord. It's important to follow the proper legal procedures to avoid potential disputes.

Full question:

My roommate and I signed a lease renewal form that starts 8/1. But now my roommate is going to move out and he wants to have his name remove from the lease. The renewal form had to turn in by 6/15. And we did that. I want to keep the apartment but my landlord is saying that I do not quailfy on my own. Since the lease already renew for another do I have any rights here. I have a full time job and paying the rent. I never had any problems from us at all. My roommate has health issues and has to move. Can they put me out of this apartment. He is meeting with a lawyer on the 7/18 to start to have his name removed. We can't live together anymore. Can you tell me what my legal rights are to tell me where to go for help.

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

Answer:

Although cotenants (or roommates) have the same legal obligations under a lease agreement, each cotenant may be independently liable to the landlord for failure to comply with the agreement. Because your roommate has failed to comply with the renewal of the lease agreement, the landlord generally has the choice of holding you responsible for the entire rental obligations (even though you now do not have a roommate) or terminating the lease, because of your roommate's breach of the agreement and/or because you do not qualify on your own to rent the property. The landlord may be willing to work with you if you are able to find another acceptable roommate. You will likely be liable, however, for the full rental obligation until you find another roommate.

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 if my roommate leaves before the lease is up?

If your roommate leaves before the lease ends, you may be responsible for the full rent unless the lease specifies otherwise. The landlord can hold you accountable for the entire rent amount, especially if both names are on the lease. If your roommate's departure violates the lease, the landlord may also have grounds to terminate the lease. It's advisable to discuss your situation with your landlord and explore options like finding a new roommate.

How do I remove someone from a lease after a breakup?

To remove someone from a lease after a breakup, both parties typically need to agree to the change. You should contact your landlord to discuss the situation and request a lease amendment. If the other party does not agree, you may need to negotiate or seek legal advice. Keep in mind that the landlord has the final say in whether to approve the change.

Can you take someone off a lease without their permission?

Can you remove someone from a lease without their consent?

Removing someone from a lease without their consent is usually not permitted. Both tenants must agree to any modifications to the lease. If one tenant does not consent, you may need to explore options such as negotiating with them or seeking legal assistance to resolve the matter. Always consult your lease agreement and local laws for guidance.

How does a roommate release form work?

A roommate release form is a document that allows one tenant to be removed from a lease agreement, typically requiring the consent of all parties involved. This form outlines the terms of the release and may require the landlord's approval. Once signed, it should be submitted to the landlord to update the lease. Make sure to keep a copy for your records.

How do I get my name off a lease with a roommate?

To get your name off a lease with a roommate, you should first discuss the situation with your roommate and the landlord. You may need to fill out a roommate release form or request a lease amendment. Both parties typically must agree to the change, and the landlord must approve it. If necessary, seek legal advice to understand your options.