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  1. #1

    Default Can the Landlord and I Take My Name Off of a Lease Without My Ex Signing

    My question involves landlord-tenant law in the State of: michigan
    My now ex boyfriend and I signed a 3 year lease. He moved out when we split 6 months into the lease. I explained to him that I could not afford the mobile home alone and he said that he would move back in if my son and I moved out. I moved out 7 months into the lease in august and he moved in. He told me he was going to get a roommate and I said okay as long as I was removed from the lease. The landlord agreed to take me off, so the landlord and I signed off on it, but then my ex refused to sign. I have been out of the home for 6 months. He is talking about walking away from it. Am I still responsible because he didn't sign, even though the landlord agreed to it?

  2. #2
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    Default Re: Can the Landlord and I Take My Name Off of a Lease Without My Ex Signing

    to the question in the title:

    no.


    you are all parties to the contract and it requires all parties to alter the contract.



    .
    Am I still responsible because he didn't sign, even though the landlord agreed to it?
    yes but the landlord can choose who he sues. He would not have to sue you if he chose not to but sue only the ex boyfriend.

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    Default Re: Can the Landlord and I Take My Name Off of a Lease Without My Ex Signing

    Absent something in the lease itself that says that the landlord can only release all tenants, or otherwise creates an enforceable expectation by the tenants that they will all be bound until the lease ends, the landlord can release a single tenant. However, that does not serve as a release between co-tenants. If you were splitting the rent, your ex- can insist that you continue to be obligated for your share of the rent.

    As jk says, no matter what is in the lease, the landlord can always choose to sue only one tenant for eviction or for a money judgment. Realistically speaking, a landlord is going to want legally enforceable documentation that any tenant not named to the lawsuit has relinquished any rights or claims under the lease, lest they evict only one tenant and find themselves unable to take possession due to their failure to evict the other.

    When you say "then my ex refused to sign" it sounds like the landlord made any release that wold be granted by him to be contingent upon the agreement of your ex-.

  4. #4

    Default Re: Can the Landlord and I Take My Name Off of a Lease Without My Ex Signing

    The landlord told me that I am off the lease, but my ex is trying to argue that he hasn't signed a new lease, so I am still responsible. When he moved his roommate in, he told me that I was no longer responsible for the home, but now his roommate has moved out and he wants to leave the home.

  5. #5
    Join Date
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    Default Re: Can the Landlord and I Take My Name Off of a Lease Without My Ex Signing

    Quote Quoting desiree48cls
    View Post
    My question involves landlord-tenant law in the State of: michigan
    My now ex boyfriend and I signed a 3 year lease. He moved out when we split 6 months into the lease. I explained to him that I could not afford the mobile home alone and he said that he would move back in if my son and I moved out. I moved out 7 months into the lease in august and he moved in. He told me he was going to get a roommate and I said okay as long as I was removed from the lease.

    The landlord agreed to take me off, so the landlord and I signed off on it, but then my ex refused to sign.

    I have been out of the home for 6 months. He is talking about walking away from it. Am I still responsible because he didn't sign, even though the landlord agreed to it?

    NO! You are no longer obligated to the landlord under the terms of the lease. By virtue of his agreement to release you from the lease the landlord can no longer hold you to it. Those that disagree might wish to examine the principle of equitable estoppel.

    And this is so regardless of whether or not the ex-boyfriend as co-tenant named in lease agreed to the landlord's action.

    However, that does not necessarily mean that you can't be held responsible to the ex-boyfriend under the principle of contribution for whatever ratable share of the rent that you two agreed upon at the time of the execution of the lease.

    But there is another twist here as well. Because if at the time you moved out he agreed to assume full responsibility for the rent. Then that served to alter the original ratable share and he would not be entitled to contribution from you.

    Also, the landlord releasing you from the lease without reserving his rights against the ex and without the ex's consent, adversely affects the further rights of the landlord to hold the ex responsible under the lease.

    The extent to which the landlord's continued rights against the ex have been diminished will depend on Michigan laws respecting the release of joint obligors.

    If the Uniform Joint Obligations Act applies in your state (or its laws are similar to the Act) and the landlord was aware or had reason to know that your agreement with the ex was that you would be responsible for one half of the rent, then without reserving his rights against the ex, the landlord would have effectively released him from paying your one half of the rent.

    Which would also void the ex's right of contribution against you.

  6. #6
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    Default Re: Can the Landlord and I Take My Name Off of a Lease Without My Ex Signing

    The Uniform Joint Obligations Act is an archaic version of the Model Joint Obligations Act, and was adopted by only a handful of states.

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