Both names on rental lease

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Both names on rental lease

We both signed a rental lease. I moved
out and dont want to be legally
responsible for the property like if her
son destroys property or if she fails to
pay rent. I contacted the rental company
who only said it was a legal and binding
agreement.

Asked on April 15, 2019 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The rental company is right: a lease is a contract, and is an enforceable (e.g. in court, by a lawsuit, if necessary) and binding legal document. It is NOT affected by your marital or living situation: that you may be having difficulty with your marriage or that you moved out has no effect whatsoever on the lease. You have no legal right to be removed from the lease, and only could be removed if all parties to the lease--e.g.  your wife and the landlord, as well as yourself--voluntarily agreed to remove you. And it is very unlikely that the landlord will agree to remove you, since that does not give them any advantage or benefit but actually hurts their interests, by reducing the number of people they could hold accountable (i.e. sue) for unpaid rent or property damage.


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