If your joint tenant agrees to have their name removed, the local authority or housing association will do this. If you can prove illegal or dangerous behavior by one or more of your roommates, you may be able to get your name forcibly removed. My other roommates plan on remaining at the apartment. Also bring the previous statement indicating that had joint ownership. If your tenant wants to break the lease that means they want to leave your rental unit before the tenancy agreement expires. Since this isn't always possible, you'll likely have to close the account for good. In the case of incapacitation, you will need to provide medical documentation proving their state of incapacitation. At that point, your former roommates will not be able to come after you for any part of the rent that you agreed to pay when you signed the lease, because the lease is terminated and a new one is in place. Whether she moved in when you did or replaced your original roommate, she has as much legal right to the space as you do. Joint tenants have exactly the same rights and responsibilities as each other. Denise M Fitzpatrick . Because your co-tenants are also parties to the lease contract, you cannot remove yourself from it without leaving them holding the bag; that is, if you leave the apartment, they're stuck paying your share of the rent. If removing your name, agree on your share of the property, who it will be transferred to and how the ownership structure is formed. A joint automobile lease may become a problem when the relationship between the two owners changes leading them to part. If a tenant in a co-tenancy is vacating without being replaced by another tenant, they must negotiate with the remaining tenant/s and landlord to have their name removed from the lease. Call the lender and inquire whether you can remove the other person. There are only three ways to remove a party from a lease in a situation like you describe: 1) One is by the consent of the parties to the lease--i.e. This includes a responsibility to pay your share of the rent. Contact your lender. Browse related questions. You will not normally be able to leave the tenancy until the tenancy term has expired. Since both names are listed on the agreement, both individuals are liable for the rent. When companies hold title as Joint Tenants, they are governed under the Business Corporation Act, which can be referenced for further details. This is commonly found with issues of unpaid utility bills that are the landlord's responsibility. And as posted above, Barb terminating HER portion of the lease effectively terminates the entire lease, which means Amy and her boy-toy Chuck need to set up a new agreement with the landlord. You cannot remove someone from the lease without his approval, but by following the right steps, you can do it. I moved into an apartment 8 months ago with 2 roommates. TIP It is a good idea to make sure that ALL … They did not pay rent. Getting your roommate to leave if he is on the lease is more difficult. Co-owners of property can either be “joint tenants” or “tenants in common.” Joint tenants have identical proportions and durations of interest in a piece of property, along with identical rights of possession. Barb can't just remove her name without there being some form of adjustment to the lease agreement. In short, to be liable for the loan unless you are willing to report … Unless the tenancy is actually terminated or her name removed (released) from the lease she remains liable for rent and damage even after she moves out. Note that the value will have depreciated and most lenders will not agree to this. It … The legal settlement paperwork will be required, and your partner has to write a statement accepting her removal. It’s less than desirable to be in this situation, but always check your state and local laws to see what your actual options are. You also cannot force your co-tenant to pay the full rent (with no reimbursement from you) even though your co-tenant now has full run of the house. This lease amendment is used to add or remove additional tenants to a lease agreement. There are different circumstances that may lead you to remove an individual from a joint lease on an automobile like divorce, death, bankruptcy or even incapacitation. Under the law, a lease may be considered breached if a landlord or tenant fails to live up to one or more of the lease obligations, or conversely, does something that is strictly prohibited in the lease or that is illegal. It can be tricky to get your name removed from a joint lease. In the past, this led to illegal leases and oftentimes confusing language. We offered to work with them, to no avail. Breaking up is never easy to do, but if you live together it adds a whole new set of issues. Since your lender holds the mortgage to the home, the lender wants to be able to hold both borrowers responsible if payments are not made. You can however find a replacement for you and propose that … Deciding Who Stays and Who Goes. Later, both roommates … Because of the hard work of Tenants we finally have some new changes that are fair and promote justice for Tenants. Change the lease agreement to read your name only. I have an apartment in Ontario that I rent to 2 joint tenants. When you signed your lease with your significant other neither one of you was anticipating that the relationship (and living situation) wouldn’t work out. More . Read More: What Are My Rights As a Roommate? If you can negotiate a fee that's less than the remaining balance on your lease, it may be worth considering this option. Can I remove my name from the lease and his name remains? Avvo Rating: 6.6. These joint and several liabilities apply for as long as any one of the Tenants remains in possession.” Taking a departing co-tenant off of the lease will essentially extinguish that co-tenant’s financial liability to you if the lease is later breached. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. This enables the lender to verify that you can begin paying the lease on your own. Tenants in common, on the other hand, may have different proportions or shares of the property as well as different durations of interest. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Another legal way to move out early is to assign your place to a new tenant.Assigning means that the new tenant replaces you and takes over your rental agreement. The landlord has received its rent and that is all it may require. A leaves and is removed from the lease. Give the lender documents that verify your income and your current obligations, for example, your paystub. You may have needed a cosigner or co-borrower to get approved, but things change, and you may no longer need or want their name on the loan. When problems arise, it's usually because one tenant wishes to move out of the rental while the other one doesn't. Legal Beagle: How to Change the Legal Name on a Lease Document, Legal Beagle: How to Evict Someone Who Lives With You, Legal Beagle: Rights for Roommates Not on a Lease, Legal Beagle: How to Add a Tenant to an Existing Rental Lease, Legal Beagle: How to Break a Lease Legally: 5 Ways to Avoid Penalty. Lenders won’t remove your name from a forged loan unless you report the forgery to the police or give them a signed affidavit including the forger's admission of guilt. 5 stars 3 reviews. If you do find a replacement, your roommates and the replacement tenant will enter into a new lease agreement with the landlord with your name removed. This amendment may be used to remove tenants from a lease agreement. Then 5 months ago II became engaged and moved in with my fiance. This always requires the approval of your roommates and the landlord, and if they do not accept the change, there is little you can do. Transferring Ownership There are a few basic options for transferring a change in ownership. How Ontario Tenants Can Easily & Legally Break Your Lease In 2020! You will usually have a joint tenancy if someone else's name is on the tenancy agreement as well as your own. Speak with any co-owners to reach an agreement about which names will be removed from the title and why. Be sure to get an early-out payment in writing and make sure to get a receipt for the payment. Region: Ontario Area of Law: Landlord and Tenant Answer # 451. Both put your loved one at risk of legal action. She's as liable as Amy for the rent payment until she terminates her agreement with the landlord. You may be able to pay a penalty in return … In a perfect world, you'd be able to remove your name from a joint credit card and move on with your life. You cannot force a roommate out of your apartment or remove their name from the lease simply because you want them to leave. If you lived with your girlfriend, you're likely eager to remove her name from a joint rental lease. 1 attorney answer. One of t … read more As a matter of law, you cannot force the landlord to take your name off the lease until the lease ends. 3. But some landlords are willing to remove a person from the lease. A death certificate is necessitated in the case of the death of the individual. So it doesn’t hurt to ask. Regrettably, removing an ex's name from a lease is not a simple process. You can still negotiate terms of the roommate leaving, but you must get the landlord to agree as well. You have to consult with your landlord or property manager and be sure that everything is done the right way. There are fees that you will need to pay at the office. You can go back to your lender to discuss the alternative of trading in your leased car for a cheaper one. You can, however, negotiate removal of your name from the lease with your landlord as long as your co-tenants agree to the revision to the lease. Landlord or tenant Real estate State, local, and municipal law Rent control. Write a letter based on your review of the lease and consultation with the attorney. Tenant Breaking Your Lease In Ontario: Everything You Need To Know. She holds a Bachelor of Science in automotive engineering technology from Ferris State University, Big Rapids, MI. Get the lease agreement and go through it to understand fully the restrictions it has on removing your partner. Call the Lender. You can, however, negotiate removal of your name from the lease with your landlord as long as your co-tenants agree to the revision to the lease. 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