What is the minimum requirement to remove a tenant’s name from a lease?

UPDATED: Oct 1, 2022

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What is the minimum requirement to remove a tenant’s name from a lease?

I signed a lease with 2 other people just over a year ago. Then 2 months ago 1 roommate, Roommate A, moved out. The other roommate, Roommate B, and myself are attempting to renew the lease but cannot until A is off the lease. The new lease application was due on the 25th last month and we supplied it a day before. However, the apartment management contacted us stating that they could not continue until Roommate A was off the lease. Roommate A supplied a written notice to management stating that she wants off the lease on the 17th of last month. Roommate B and I did not hear anything from management until the 29th when they

emailed a document to all of us to sign stating Roommate A was no longer on the lease. Until this document is signed we cannot sign a new lease thus forcing us into a month-to-month contract significantly raising our rent. Roommate B and I can not contact Roommate A as they have changed their number. What are our options? Is there anything we can do to remove Roommate A from our lease she’s already given written notice?

Asked on December 4, 2018 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A person can be removed from a lease or any contract with the consent of ALL parties to the lease/contract, so if she, the other roommates, and the landlord all agree to release her from the lease, she can be relelased. Therefore, you have already supplied enough to remove her IF the landlord wants to do so; however, you cannot compel the landlord to agree to remove her if for whatever reason they do not want to or mistakenly believe they cannot. (Again: if everyone who had signed the original lease agrees to remove her, that's all that is legally required.) You have to get your landord to agree to take her off the lease; you cannot make them do this.

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