How do terminate a lease if the landlord won’t sign a termination agreement?

Tenants prepared a termination agreement per verbal agreement but now landlord won’t sign it. She is also living on the property and doesn’t pay any utilities. It was a 4 year lease and I don’t want to commit to a new lease if she won’t terminate this one. Do we have any options? She claims we damaged her personal property or stole from her. Repairs are not made such as: outside lights, air conditioner is not up to code, she is living in a room with a hot water heater, hot water faucet leaks and stays on if used, pilot light never fixed in furnace and has a utility work order to fix.

Asked on July 10, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to terminate an existing lease with what is appears an exisiting roommate where the term of the lease with the landlord has not expired requires an agreement signed by the landlord and the designated tenants under the lease where the landlord agrees to allow one of the tenants out of the balance of the lease's term without any recourse.

If the landlord will not sign the temination of the lease agreement that you desire, you cannot force the landlord to do so.

One option is to possibly bring a potential new tenant into the rental who will sign a new rental agreement if the landlord will sign a termination agreement with the one tenant and roommate who wants out of the lease.


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