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Take me off the lease....please

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BJ1980

Guest
What is the name of your state? oHIo
I was married for a year. My wife has told me she wanted a divorce. She is seeing her ex b/f.

I moved out of our apartment. Her younger sister moved in. My name was left on the lease. I thought we MAY work it out. After finding out that my wife had her ex b/f over to our apartment. And that he got angry and broke the coffee table, our good phone, and punched the wall. I then went today to take my name off the lease, and have the little sister put on the lease. My wifes half sister is the secretary of the apartment's.

She informed me she wouldn't take my name off the lease. Due to the fact my wife, and her sister doesn't make enough money to rent the apartment. So my name HAS to stay on the lease. I don't live there, and haven't been there since the end of June. The sister has moved in with much of her belonging's.

Is this normal in leaving a name on a lease?
Can I step over her to remove my name, and have her sister's name put on the lease?

Why does my name need to show income to the apartment since my income isn't part of the apartment?

Can anyone offer me help, before I need to pay for any broken or damage that this guy may do?

Is the half sister/secretary pulling one over on me?
 


Bre's_mom

Member
Sign a statement stating that you are relinquishing your rights and keys to that apt and the unit #, if the half sister wont accept that, then get ahold of the property manager and let that person know that she wont let you. They should be able to do this...:p ;) :)
 
Q

quirk

Guest
you are responsible

with all due respect, stepmom is wrong. You can relinquish all the rights you want, you cannot relinquish your responsibilities.

You are responsible for the lease you signed. If you signed a year's lease, you are responsible for ensuring rent is paid for the entire year. You and your wife were approved as tenants based in part on the fact that your income and credit rating made it likely that the rent would get paid. Subsituting a person with lesser credit rating or lower income is probably not acceptable to the landlord. You do not have the legal right to force them to accept a subletter that doesn't meet their requirements. In fact, they legally do not have to allow the sister to live there at all. They are actually doing you a favor to allow someone not on the original lease to live there. They are not willing to let you out of the lease because if your wife doesn't pay rent, they can sue her AND you. Your divorce is not their problem. And yes, you could wind up responsible for damage done at any time until the lease term is up. You could then choose to take ex-wife and boyfriend to court to recover, but that is your responsibility, not the landlord's.

Now, if you can convince the wife to move out, so the landlord is free to sublet to someone who does meet their requirements, you would only be responsible for the rent until they can find someone (they can't just let the apartment sit empty without trying to fill it).

Just in case the refusal to let you off the lease is due to personal issues rather than actual income requirements, do try to talk to someone other than the half-sister about what you want to do. Property manager, owner, etc.
 

HomeGuru

Senior Member
To the writer: read your lease as you are liable up until the lease expiration.
You only have limited options: wait for the lease to end thereby terminating your liability or get the property manager to approve and release you from the lease.
 

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