If my daughter paid to amend her lease and remove her name after a new tenant was approved in her stead what are her responsibilities, if any, as a tenant?

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If my daughter paid to amend her lease and remove her name after a new tenant was approved in her stead what are her responsibilities, if any, as a tenant?

Today, the new tenant was to sign the final documents and backed out. Since the landlord already accepted her money to make the change, is my daughter still legally bound to the original lease?

Asked on January 5, 2015 under Real Estate Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The lease is a contract between landlord and tenant.

If your daughter paid the landlord to have her name removed because she is no longer a tenant and the new tenant replaces her, your daughter is no longer liable even though the new tenant backed out.

If your daughter had continued as a tenant, but the agreement with the landlord was for a sublease on the part of the new tenant, your daughter would remain liable if the sublessee (new tenant) didn't pay the rent or comply with other terms of the lease.

 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, if the new tenant backed-out before taking assignment (signing the final documents and taking over) the lease (that is, it was nothing the landlord did, but rather it was the new tenant at fault), then your daughter is still obligated under the lease--the assignment was never completed, so she is still the tenant. She may be entitled to a refunds of what she paid for the lease amendment, unless she was informed, prior to paying the money, that it was nonrefundable.


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