How to Remove Your Name from a Joint Lease | 5 Simple Tips
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When the roommates plan to show equal responsibilities for keeping the property in good condition and paying rent, they sign a joint lease agreement. But when you want to leave for some reason or a soured relationship, or you have to join any other job opportunity, it is the time when you will spread your wings and start living alone. In this guide, I will teach you how to remove your name from a joint lease.
You are ready to move on, but your roommates want to live in the apartment, and you have to remove your name from the lease. This is a crucial step because once you move out from the apartment; you will know more be responsible for paying rent and any damage to the apartment in your absence.
What is a Joint Lease?
A joint lease is an agreement in which all roommates in a specific apartment sign the same lease or contract to share every aspect like rent and damages. This means that every participant is equally responsible for all types of rules and regulations of the lease agreement, particularly the rental payments.
How to Remove Your Name from a Joint Lease
If you plan to remove your name from a joint lease, follow a specific process.
Talk to your roommates.
When you remove your name from a joint lease, your apartment owner has to get the agreement in writing to organize a new lease with no name of yours written in it. This process will need to ask your roommates, so your conversation should be in a polite and soft tone.
This can be an exasperating situation for you because this will be the mis-commitment to the settlement you made with your roommates together. You have to apologize to your roommates for the inconvenience and the difficult position. Communicating with your roommates when you decide to leave that apartment will give them a chance to be mentally prepared and go through the changes ahead.
When you move out of your apartment, you also have to pay your share to make the compensation. So it will be better for you to give the notice to your roommates earlier, and explain the reasons clearly to leave the apartment to prove your good part.
Find someone else to take your place.
Your roommates have no obligation on your move if you find someone else to take your place in paying rent. If they are not agreed to pay your rent, ask them to find an alternative for you to pay the rent.
Your landlord can feel more comfortable when you arrange a new roommate for him and feel confident with your leaving because they know that your roommates will be out of the stress of finances.
You should look for an individual who can live freely with your roommates, as mutual friends are ideal. It will be better to find someone who has common interests with your roommates if you can’t find someone your roommates will not know and like.
People of the same ages and interests with the same social circles will suit your roommates better. You have to make sure that the potential roommate is a sound person in finances, has a stable salary, and pays the rent on time.
Communicate with your landlord
You have to set up a meeting with your landlord once your roommates are on the board. Because they will not be required to remove someone from the lease legally. As tenants are agreed to the terms and conditions of the payment of rent for the whole lease agreement.
The thing is you have to plead your request because the landlords have no legal obligations to grant your request. You have to explain the reasons for moving out from the lease, and also, your roommates should agree to the terms and conditions. You should be polite to everyone and apologize for the convenience due to your decision.
If you have arranged and convinced someone in place of you, it is better not to include them in the discussion. In case, your landlord disagrees with the new person, you should accept their decision and explain the current situation to all required parties. If your landlord is not agreed to enter any new person into the lease, you will not be responsible for any activities once you move out from the lease.
You can also offer some compensation in terms of money to break the terms and conditions of the lease. If your landlord agrees to your compensation, you should get a copy of the agreement in writing and your payment receipt.
Get the legal advice.
If your landlord and the roommates don’t want to leave you from the lease, you have a right to get legal advice from the lawyer. At the same time, landlords don’t have any legal obligation or right to alter the lease before the end of the lease agreement because there are some limitations in the lease agreement.
For instance, if you find the involvement of your roommates in illegal actions that can harm you, you can remove your name from the lease agreement to save yourself. Similarly, if your landlord ignores you in any way, you can come out of the lease agreement.
Most states and cities have legal institutions and bodies that provide free legal advice and help tenants’ rights. Local legal offices are also a great tool for getting free legal advice as if your budget is tight; you can also take help from the real estate attorney.
Whether you seek help from which source, you have to answer their questions honestly to get the more valuable options to solve your problem. If you have legal reasons to get your name out of the leases agreement, they will speak to your landlord and make the changes.
Confirm the lease changes
Once your landlord has planned how to proceed, you have to confirm the alterations they have made. The best way to deal with the condition is to terminate the current lease agreement and draw up the new lease and new rental terms and conditions.
This new lease will indicate the new participants occupying the property in your absence, like the people you are entering in the lease and the people you are currently living with.
An alternative option is also available that your landlord can change the terms and conditions of the current lease by removing your name and making the new agreement with the new renter in the agreement.
However, this is not the better option than the first one because the original deal still exists; this means that your roommates will try to claim the rent you were paying to the landlord.
The landlord can do nothing in this situation because it is your right to leave the apartment any time you want and remove your name. If the landlord makes the lease changes and ends the agreement, get a copy of the agreement in writing for evidence. So that you have proof of agreement if in case disputes occur in your absence.
Frequently Asked Questions
Is a lease and rent the same thing?
The main difference between the rent and lease is that the period both cover. For example, a rental agreement normally covers the shot period of 30 days, and a lease agreement is for a long duration, 6 to 12 months.
What is a lease in simple terms?
A lease is a settlement or agreement under the terms and conditions on which one party admit to hire an asset or property as the property possessed by any other party. It guarantees the lessee, also referred to as tenant, use of property and guarantees the lessor. The owner of the property is the landlord gets regular payments for a particular period.
Does lease mean rent?
In real estate, a lease is an agreement for a particular period, often 6 to 12 months, after which the contract expires while rent is a payment made under the terms of the lease. Real estate leases are also known as rental agreements.
What does it mean to go on the lease?
A lease is a legal contract or agreement between a landlord and you. It allows you to occupy a shop or premises, so you need to understand what it allows you to do, what needs you to do, and for how long.
Is lease cheaper than rent?
The companies you go through determine the exact price of lease and rent, but rent is cheaper than lease. Leasing companies money a loan for you and charge the price of the location, interest, and depreciation. You can’t return a lease and be free and clear of the loan.
Conclusion
It is concluded from the above facts that you can remove your name from the lease agreement by the will of the landlord and your roommates. Only you have to inform both parties to arrange any other person in place of you to compensate the rental payment. You can also ask the lawyer or attorney to solve your issue in a better way.
References
- https://innago.com/individual-joint-leases/
- https://www.renttally.com/help-finding-apartments/individual-lease-versus-joint-lease
- https://www.avvo.com/legal-answers/how-do-i-get-my-name-removed-from-a-rental-lease-a-298864.html
- https://www.reddit.com/r/legaladvice/comments/3a3e6m/california_how_can_i_remove_my_name_from_a_joint/
- https://en.wikipedia.org/wiki/Landlord
- https://m.yelp.com/search?find_desc=Real+Estate+Attorney&find_loc=San+Jose%2C+CA
- https://www2.deloitte.com/us/en/pages/technology-media-and-telecommunications/articles/changes-to-lease-accounting-standard.html
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.
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