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  1. #1

    Default Ex-Husband is Refusing to Remove His Name from the Lease

    My question involves landlord-tenant law in the State of: Nevada

    My ex and I were divorced almost three years ago. He immediately moved out of state and still lives out of state. At the time of divorce, we were both on a lease for a house we are renting. My landlord never sent annual updates to the lease, so I have been living in the house for 3 years with the original lease. I recently received the option to renew my lease for a year (with an increase in rent), or to let the lease go Month-to-Month. My desire is to sign a new year lease updated to reflect my changed name and have my ex removed. My leasing company sent both of us an addendum to sign, removing him from the lease, and he is refusing to do it. Do I have options on removing him from this lease and staying in this home? What happens if I decide to move out and he is on the lease?

    My property management company has not been super helpful with this and I am at a loss for how to move forward.

    Thank you in advance.

  2. #2
    Join Date
    Jul 2018
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    Default Re: Ex Husband is Refusing to Remove His Name from Lease

    Quote Quoting TenantRequest
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    Do I have options on removing him from this lease and staying in this home?
    If the landlord is willing to let him off the hook on the lease, I can't imagine why he wouldn't do it. At the same time, though, what difference does it make to you?

    As you have described the situation, both you and your ex are tenants, which means you're jointly and severally obligated to the landlord and both have equal rights to possess the premises. I can understand why the landlord doesn't want to issue a new lease only to you without him signing away his rights as a tenant, but there isn't anything you can do to force either your landlord's hand or your ex's.

    Quote Quoting TenantRequest
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    What happens if I decide to move out and he is on the lease?
    No real way for anyone here to predict the future in this way. It seems likely that, if you're entitled to a return of a security deposit, the landlord probably will make the check payable to you and your ex jointly. I take it that that entitlement to the security deposit wasn't addressed in your divorce decree?

  3. #3

    Default Re: Ex Husband is Refusing to Remove His Name from Lease

    He's not signing because he is invested in making my life incredibly difficult, but you are right, it doesn't make a difference. The return of the security deposit was not addressed in the divorce decree but I do not care about the security deposit. I have offered to buy out his half of the deposit and have his full half returned to him. I understand I can't force anyone's hand. I want to know what my options are. It appears that it's in my landlord's best interest to keep a good tenant in the house instead of having to deal with turning it over so I assumed there would be options.

    My only concern about moving out and needing his signature on the lease as well is that I don't want to break a lease or mess up my renting history because of him.

  4. #4
    Join Date
    Oct 2016
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    4,301

    Default Re: Ex Husband is Refusing to Remove His Name from Lease

    Have you told your landlord that his options are provide a new lease in only your name or find a new tenant?

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: Ex Husband is Refusing to Remove His Name from Lease

    Quote Quoting TenantRequest
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    At the time of divorce, we were both on a lease for a house we are renting. My landlord never sent annual updates to the lease, so I have been living in the house for 3 years with the original lease.
    There seems to be contradiction in there.

    Are you saying that the lease was for 3 years and is just expiring or are you saying that the original lease was one year, expired, and the LL never sent new leases until now?

  6. #6

    Default Re: Ex Husband is Refusing to Remove His Name from Lease

    Quote Quoting adjusterjack
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    Are you saying that the lease was for 3 years and is just expiring or are you saying that the original lease was one year, expired, and the LL never sent new leases until now?
    Sorry, that does read odd. We started with a year lease and requested annual renewals once a year (for the three years we were there together). When we got divorced, I stopped requesting those renewals once a year, so I was technically on a month-to-month at that point. They are offering to let me renew the lease for a year now.

  7. #7
    Join Date
    Oct 2006
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    16,474

    Default Re: Ex Husband is Refusing to Remove His Name from Lease

    Quote Quoting TenantRequest
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    Sorry, that does read odd. We started with a year lease and requested annual renewals once a year (for the three years we were there together). When we got divorced, I stopped requesting those renewals once a year, so I was technically on a month-to-month at that point. They are offering to let me renew the lease for a year now.
    Tell them that for safety's sake you cannot continue to live in a place that has your ex husband's name on the lease, so if they must have his signature to release him, that you are going to have to give notice and move or they are going to have to give you a lease with just your name on it.

  8. #8
    Join Date
    Jul 2018
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    2,745

    Default Re: Ex Husband is Refusing to Remove His Name from Lease

    Quote Quoting llworking
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    Tell them that . . . if they must have his signature to release him, that you are going to have to give notice and move or they are going to have to give you a lease with just your name on it.
    Agree.

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