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    dvdyi's Avatar
    dvdyi Posts: 6, Reputation: 1
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    #1

    Feb 16, 2012, 07:13 PM
    Break lease contract
    I'm a landlord of a townhouse. Currently, my property is lease to two individuals and both names are on the lease contract. One of them informed me that they want to be taken off the lease because of their break up. Other will remain on the contract. What can I do? Can I charge her subletting fee or penalty and take her off? Do I have legal right to charge? Thanks
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Feb 16, 2012, 07:19 PM
    You are not required to alter the lease because of their relationship situation. Either one or bot of them remains responsible for the lease payment. Tell both parties that they need to work out this on their own with some financial agreement. It matters not who remains in the unit, if the rent is not paid both are liable. You could write a new lease with just one name but have you talked to this party about it, that person might not be able to afford the whole bean.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 16, 2012, 08:49 PM
    You have no requirement to take them off, and can not change the current lease unless both parties will agree. The person staying, does not have to be the sole person obligated to the lease if both people are now on it. So both the person leaving and the person staying have to agree to this, A new lease or a addition to the lease would be added to show the change.

    So talk to the person staying and see if they want a new lease in just their name, unless they agree also you can not do anything.
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