How can i get my name seperated from an apartment lease?
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I have a lease with my ex. I moved out over a month ago and she is refusing to sign the form to remove my name from the lease. The complex is saying we both need to sign it to remove my name. The original year lease term is over but our apartment complex. Automatically switches to month by month. Short of getting a lawyer. What can I do to get my name of the lease?
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Answer:
Since it is now a month-to-month arrangement, it is no longer a lease, but a month-to-month rental. I would have expected a separate document outlining the month-to-month agreement. I would call the LLs bluff and send them a letter stating that since the lease expired, it is no longer in effect. Therefore, you will not be responsible for any future rental fees. Registered, signed return receipt. Keep a copy for yourself. A lease has a beginning and ending date. Once the date passes, the lease expires; it's a worthless document..
Brian at Yahoo! Answers Visit the source
Other answers
Not true. If the lease is now month to month just give them one months notice that you will not pay any further rent. Send the notice registered mail. Your ex can't live there indefinitely holding you hostage for the rent.
Howard L
if you are now on a month to month lease, and your already moved out, you are off the hook rent wise, if you gave the ex 30 days notice. if no notice, you are responsible for 1 months rent. however, in the mean time, the ex has to actively look for a replacement roommate. she cant sit there and let the rent build up and hold you responsible for half. its called midigating damages. if i were you, id give her a months rent, by check or money order and write last months rent pd in full..
waitin4someday
Legally speaking you are in good shape since the original lease has expired. All you need to do is give all parties to the original lease 30 days notice that you intend to vacate. Your landlord nor your ex need to sign off on this notice. But just in case, you need to prove that both received the notice so it should be sent in some way that requires a signature to receive it.
linkus86
She must sign. Sweeten the pot. Offer her one month's rent if she signs the paperwork. Much, much cheaper than getting a lawyer. Caveat: She may not want to do this anyway if her income alone is not enough to support the rent (according to the landlord).
Go with the flow
For legality, you need an attorney. Bring the ex to court. She must sign. The court will compel her to sign. But it's going to cost you. And that, sir, is why the ex will not sign in the first place. And that will happen every time you have any ANY business with the ex. So to save a bit of agravation, why not tell the ex your plan about the lawyer and court and tell her what it will cost you and try to give her the money if IF she will sign and release you from the lease. It's worth a shot. Good Luck.
Joseph
You can't be removed without her signature, and no lawyer can help that. Or she needs to sign a new lease by herself, that would null the old one. Clearly she doesn't want to. Make it worth her while.
Pascal the Gambler
Um, she is not doing anything illegal. You are, for walking out on the lease
Ed Fox
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