How can I get my roommate off the lease if my landlord is not willing to remove her?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I get my roommate off the lease if my landlord is not willing to remove her?
My roommate and I have had a falling out and she no longer occupies the apartment but still pays rent and all her stuff is still here. She has been late paying her electric and gas bill for the last 2 months.
Asked on December 29, 2011 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can't simply get her off the lease, if the landlord will not remove her; to remove one party to a contract (and that's what a lease is--a contract) requires the agreement or consent of all parties, which in this case would include the landlord.
What you could do, if your lease does not prohibit it, is to replace her. If someone will take the lease over from her, that is called assigning the lease; the new person "steps into the shoes" of your roommate. Or if your roommate stays officially on the lease, she could nonetheless sublet her space, so that someone else lives there (and pays rent to her, which she would then turn around and pay to the landlord).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.