What to do if my wife an I are divorcing but he will not take me off of the lease?

UPDATED: Oct 19, 2012

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What to do if my wife an I are divorcing but he will not take me off of the lease?

Both our names are on the month to month agreement. I gave 30 days notice 35 days ago. The landlord has refused to remove me from the rental agreement because my wife will be staying in the apartment. Are they able to not accept my notice? Additionally, the landlords gave a negative report to a new apartment i applied to. I was told by current landlords that they would change the bad report if I found someone to cosign the new rental agreement my wife will need to sign to stay in the apartment (her father was the suggested co-signer)

Asked on October 19, 2012 under Real Estate Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the lease is a month-to-month agreement between you, your sppuse and your landlord and the landlord refuses to take you off of the lease after you give him or her notice that you are leaving, you need to serve the landlord with a notice of termination of the lease stating that your spouse will be remaining in the unit and she alone would be obligated under the lease.

Keep a copy of the notice for future use and need.

The notice whether accepted or not is fine so long as you mail it to the landlord or personally give it to him or her.

For the landlord to give a bad report about your credit due to what you have written seems spiteful.

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