How canI get my name removed from a 12 month lease, ifI have already moved out and my old roomate has moved someone else in my place?

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How canI get my name removed from a 12 month lease, ifI have already moved out and my old roomate has moved someone else in my place?

Due to money problems I could not pay my half the rent and we were going default on our lease agreement instead I agreed to move out. My roommate found someone to move in my place but the new tenant does not want to add himself to the lease; my old roommate is refusing to sign me off the lease and is threatening to take me to claims court. I have tried talking with the office of the complex and they told me without him being present there’s nothing they can do. I am trying to avoid having him or us evicted just to have my name removed.

Asked on July 21, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your name is on the written lease and you want it off due to the fact that there is now a replacement tenant for you, you need to speak with the landlord and specifically ask for it to be taken off stating that there is a new room mate in your place.

The landlord does not have to do this because you signed the lease for a set term. However, he or she may due so as long as the rent is being paid timely.Or the landlord may refuse because he has you on the hook for the balance of the lease's term if the rent is not paid in full.

You should have gotten the new person to sign an agreement with you to pay your share of the rent before he moved in.

If the new room mate is paying your share of the rent in full, your former room mate has no basis to sue you in small claims court.

Good luck.


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