What are my legal rights to be removed from a lease?

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What are my legal rights to be removed from a lease?

My partner and I are splitting up. We signed a 1 year lease and are half way through. My landlord refuses to remove me from the lease. They never checked credit history so it isn’t due to my partner’s bad credit, they “just don’t want to do that.” There is no clause in the lease about removing a tenant from the lease. Is there anything I can do to get removed since there is not clause in the lease? What court in CO would I turn to for a ruling to remove me from the lease?

Asked on August 3, 2011 Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you signed a written lease with your landlord for a set term, you are obligated under the lease to finish out its terms under the conditions stated. You have six months left under your lease and you want out of the lease's terms because you are splitting up with your partner.

Your landlord refuses to remove you from the lease's terms. That is his or her right.

Options: You have the following options. The first is to have a written agreement with your partner that he or she will remain in the unit and be responsible for the entire balance of the lease, not you. Your partner can get another roommate to assist with the monthly rent for the balance of the lease. The second option is for your to sub-lease your interests in the lease to some third person who would be responsible for the balance of the six months remaining.

If either of the above scenarios are presented to your landlord, he or she may be willing to release you in writing from the balance of the lease.

Good luck.


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