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    Peeps143's Avatar
    Peeps143 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 1, 2007, 12:28 PM
    I want my name off a lease
    A year ago I was put on a lease with my brother because he had no credit at the time.

    I have never lived with him, and it has been almost a year and I want my name off the lease.

    The lease expires 4/2008, but I want my name off now because I do not want to be responsible for any of my brother's mishaps down the road. We no longer have a good relationship and I want to sever all ties that I currently have with him.

    Do I have any rights to get my name off the lease? I am listed as a tenant, not a co-signer.


    HELP!
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #2

    Feb 2, 2007, 08:59 AM
    Quote Originally Posted by Peeps143
    A year ago I was put on a lease with my brother because he had no credit at the time.

    I have never lived with him, and it has been almost a year and I want my name off of the lease.

    The lease expires 4/2008, but I want my name off now because I do not want to be responsible for any of my brother's mishaps down the road. We no longer have a good relationship and I want to sever all ties that I currently have with him.

    Do I have any rights to get my name off of the lease? I am listed as a tenant, not a co-signer.


    HELP!!
    Probably not, but ask the landlord... it's his/her call.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Feb 2, 2007, 09:53 AM
    No you are named on the list, and unless the landlord just lets you off, no you can't get off.

    You are there just for that reason, if and when your brother don't pay, they can come and make you pay, that is why you have to be sure when you help someone else.

    So honestly you are stuck on the lease till it expires unless the landlord just want to let you out of it. ** note and why should they let you out, they want as many people to go after for their money if they need to.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #4

    Feb 3, 2007, 07:32 AM
    Hello Peeps:

    Well, as you have learned, you can't change your mind in the middle of an agreement.

    However, there might be another way out... but it's going to cost you. But, you want out because you think it's going to cost you anyway. Isn't that so? Of course, it is. So, if your mistake IS going to cost you something in ANY case (and I agree with you, it will), then you've got to figure which is your CHEAPEST way out.

    Offer the landlord some cash to let you out.

    excon
    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
    Full Member
     
    #5

    Feb 3, 2007, 02:11 PM
    Quote Originally Posted by Peeps143
    A year ago I was put on a lease with my brother because he had no credit at the time.

    I have never lived with him, and it has been almost a year and I want my name off of the lease.

    The lease expires 4/2008, but I want my name off now because I do not want to be responsible for any of my brother's mishaps down the road. We no longer have a good relationship and I want to sever all ties that I currently have with him.

    Do I have any rights to get my name off of the lease? I am listed as a tenant, not a co-signer.


    HELP!!
    I've faced this before in court. My client had the mother sign as a co-tenant with her son. She never lived in the property. When the son didn't pay, we took them both to court. She showed up with an attorney. Almost the first words out of the attorney's mouth "Your Honor, my client never resided in the property and therefore I request that her name be removed from the litigation". He said that based on the fact that she never consummated the legal agreement, she was not a co-tenant. Good try, his motion was denied. Since then my clients use a co-signor agreement that states that the co-signor never intends to reside in the property, but does intend to be financially responsible until the lease ends, the tenant has satisfied all financial responsibility and has left the property.

    Unless your brother continues to pay the rent and leaves the property in good condition, you will be held responsible. I highly doubt that the landlord will let you out of the lease. You are there for a purpose. Long before renewal time, you should send a certified letter, return receipt request, stating that you do not intend to renew the lease.

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