If I have an apartment with my ex-girlfriend and we are both on the lease, can she remove my name?

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If I have an apartment with my ex-girlfriend and we are both on the lease, can she remove my name?

I have been told its illegal for her to take me off the lease; that only I can take myself off the lease.

Asked on May 30, 2012 under Real Estate Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are correct that a co-tenant may not remove her co-tenant from the lease without that tenant's consent or agreement.

Moreover, no tenant may remove him- or herself from the lease without the landlord's consent as well as the agreement of all tenants. A lease is a contract; no party to a contract may remove him- or herself from the contract unless *every* party agrees to the removal. So unless your landlord  would allow you to be removed from the lease, neither your ex-girlfriend nor you can remove you.


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