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Can management take me off the lease? My girlfriend and I got into an argument.

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Old Feb 18th, 2012, 06:38 PM   #1
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Default Can management take me off the lease? My girlfriend and I got into an argument.

If my girlfriend and I are both on the lease and I leave but continue to pay my part of the rent, can management try and take me off the lease?

My girlfriend and I got into an argument. I moved most of my belongings out, but some are still there. I want to continue paying my part of the rent as my girlfriend has 2 kids. The landlord claims she saw me moving out. Now, the apartment manager wants my girlfriend and I to sign a roommate release form, releasing me from the lease and putting it in my girlfriends name. Once the manager has done this she wants to kick my girlfriend out, saying that her income does not meet the;3 times the rent criteria. If I'm not living there can I remain on the lease and still pay rent? Do I have to be there a certain number of days a week or month to be considered a tenant?
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Old Feb 18th, 2012, 11:29 PM   #2
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Default Re: Can management take me off the lease? My girlfriend and I got into an argument.

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If my girlfriend and I are both on the lease and I leave but continue to pay my part of the rent, can management try and take me off the lease?

My girlfriend and I got into an argument. I moved most of my belongings out, but some are still there. I want to continue paying my part of the rent as my girlfriend has 2 kids. The landlord claims she saw me moving out. Now, the apartment manager wants my girlfriend and I to sign a roommate release form, releasing me from the lease and putting it in my girlfriends name. Once the manager has done this she wants to kick my girlfriend out, saying that her income does not meet the;3 times the rent criteria. If I'm not living there can I remain on the lease and still pay rent? Do I have to be there a certain number of days a week or month to be considered a tenant?
As long as there is a valid lease in force, the LL cannot force any changes to the lease agreement without the WRITTEN consent of all parties to the lease. If you don't sign this "roommate release" form, then there is nothing they can do. Your name, nor that of your girlfriend, can be removed from the lease without EVERYONE's approval.

As long as you are still willing to pay a portion of the rent, and the rent in full is still being paid in full and on time, there is nothing that the LL can do until the lease expires. They can give you notice that the lease will not be renewed upon expiration, and can provide you with advance notice that the tenancy is being terminated at that time.

Quite frankly, the LL really shouldn't have opposition to your girlfriend remaining in the apartment as long as the rent is being paid in full and on time, and there are no other lease violations.
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Old Feb 19th, 2012, 08:43 AM   #3
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Default Re: Can management take me off the lease? My girlfriend and I got into an argument.

The last response is inaccurate in at least 26 states that I know of.

What state?

If you are not living in the unit, the landlord can require your name be removed from the lease.

You and your girlfriend entered into a legally binding written contract. You've broken that contract by moving out. The landlord could go after you for breach of contract but has decided to cut you a break by releasing you from the lease without penalty.

If your name remains on the contract, anything the girlfriend does to damage the apartment (including allowing a new boyfriend or someone new to move in and possibly damage it) you are legally on the hook in responsibility.

It's best to cut ties completely. This woman is an adult and it's up to her to support her children and herself.

The landlord does not want your name on the lease if you have moved out. There is no reason for your name to remain on the lease as it is no longer your legal residence.

It's unclear why you wish to shoulder the burden financially and legally when this women is so difficult to live with that you moved out over a mere argument.
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Old Feb 19th, 2012, 05:45 PM   #4
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Default Re: Can management take me off the lease? My girlfriend and I got into an argument.

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The last response is inaccurate in at least 26 states that I know of.

What state?

If you are not living in the unit, the landlord can require your name be removed from the lease...
I am aware of no legal precedent that allows a LL to force someone to remove their name from a lease if they are no longer residing there. Basic real estate contract law requires ALL parties to agree to ANY material changes in a fixed term lease, and that includes removal of a party to the lease. If even ONE party does not agree to such a change, such a change cannot be done without their approval. If you have proof otherwise, I welcome you to present it here.
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Old Feb 21st, 2012, 03:56 PM   #5
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Default Re: Can management take me off the lease? My girlfriend and I got into an argument.

Thank you for your advice.I have heard almost the same response from other lawyers. The only way they could take me off the lease is if there is an "abandonment" clause written into the lease. It's good to know your rights.
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