A question about leases

[Equestriaghoul]

What is the name of your state (only U.S. law)? Indiana

Hello. I have a question about getting off of a lease, you see I'm living with my mom right now and we just had my name added to her 12 month lease, I was added to the existing lease, so it won't be a year from today when it expires, it'll be a year from when she signed the original lease in August, which is fine because it'll probably be around mid or late summer when I have a place to move out to.

So my question is, does she have to agree to take me off of the lease when she renews it? Or am I free to go if I want to once it expires?

Because a lease is a contract, and so it should only be binding until August next year right? So I shouldn't be obligated to put my name back on the lease with her, right?

I'm 18 and she knows I want my own apartment, but I'm just a little bit worried that she won't want to help me get my name off of her lease, but I don't have to sign with her again in order for her to renew the lease, do? I could be worried over nothing, but I'd still like to know

Thank you for your time.

 

[Silverplum]

What is the name of your state (only U.S. law)? Indiana

Hello. I have a question about getting off of a lease, you see I'm living with my mom right now and we just had my name added to her 12 month lease, I was added to the existing lease, so it won't be a year from today when it expires, it'll be a year from when she signed the original lease in August, which is fine because it'll probably be around mid or late summer when I have a place to move out to.

So my question is, does she have to agree to take me off of the lease when she renews it? Or am I free to go if I want to once it expires?

Because a lease is a contract, and so it should only be binding until August next year right? So I shouldn't be obligated to put my name back on the lease with her, right?

I'm 18 and she knows I want my own apartment, but I'm just a little bit worried that she won't want to help me get my name off of her lease, but I don't have to sign with her again in order for her to renew the lease, do? I could be worried over nothing, but I'd still like to know

Thank you for your time.

You're correct. And really VERY polite! So refreshing: thank you!

You should write the landlord a letter and send it registered/return receipt requested, saying that you do not intend to renew your lease when it ends in August. See here: http://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/right_use_lease.htm. And this website has a sample letter you could download (I wouldn't) or just use the site info to compose your letter (that's what I would do): http://www.simplifyem.com/forms/indiana-notice-to-vacate/indiana-tenant-notice-to-vacate

Your Mom doesn't have to help you get off the lease renewal: it's up to each of you to renew a lease...but as in most states, your lease will likely convert to month-to-month tenancy after the lease is up. Read your lease to find out if it converts, and deal with that accordingly.

 

[Zigner]

In exactly what capacity were you added?

 

[latigo]

IF you were "added" to the existing lease in the same capacity as mom (that is, you each became co-lessees with similar contractual rights and obligations) . . . . .

THEN it cannot be "renewed" extending those rights and obligations for an additional term without the written consent of both you and you mother, plus the landlord. *
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WHAT you need to be concerned with is this:

It is not infrequent that a lease will contain provisions whereby the lease is to be automatically renewed for an additional term unless some positive action and timely notice is given by the lessee that it is not to be extended.

So read it thoroughly.
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[*] Liken it to this example: You and mom co-sign a loan at the bank, which makes you equally obligated to repay the loan (same as you and mom are now equally responsible to the landlord). Once the loan is repaid (end of current term of the existing lease) neither of you could renew the loan based on the same borrowers' signatures without mutual written consent.

 

[FlyingRon]

You should write the landlord a letter and send it registered/return receipt requested,

You mean certified. Registered mail is a different beast.