If my girlfriend and I are both on the lease and I leave but continue to pay my part of the rent, can they try and take me off the lease?

UPDATED: Feb 18, 2012

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If my girlfriend and I are both on the lease and I leave but continue to pay my part of the rent, can they try and take me off the lease?

My girlfriend and I got into an argument. I moved most of my belongings out but some are still there. I want to continue paying my part of the rent as my girlfriend has 2 kids. The landlord claims she saw me moving out. Now, the apartment manager wants my girlfriend and I to sign a roommate release form, releasing me from the lease and putting it in my girlfriends name. Once the manager has done this she wants to kick my girlfriend out, saying that her income does not meet the, 3 times the rent criteria. If I’m not living there can I remain on the lease and still pay rent?

Asked on February 18, 2012 under Real Estate Law, Oregon


Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.

Answered 10 years ago | Contributor

The answer is in the lease.  Does it allow you to continue paying rent even though you do not live there?  Many leases have a "no abandonment" clause that requires the tenant to actually live there.

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