Denver, CO asked in Landlord - Tenant for Colorado

Q: Initial lease had 2 individuals on it. One party wants to exit the lease agreement and both parties are in agreement.

However, the landlord will not change the lease. Can tenants compel the landlord to update the lease by dissolving the original agreement and creating a new lease with only one of the existing tenants?

The tenants are offering to pay for the inconvenience.

Related Topics:
1 Lawyer Answer
Donald C Eby
Donald C Eby
Answered
  • Landlord Tenant Lawyer
  • Castle Rock, CO
  • Licensed in Colorado

A: You can ask and you can entice. But, you cannot force a LL to terminate the lease early and enter into a new lease.

The contract is for the protection of both parties against one of the parties who does not wish to preform.

The lease does not create an obligation on all tenants to live in the property but it does create an obligation on all tenants to ensure the lease payment is delivered each month. As such, if the lease is not delivered the LL can bring a lawsuit against each tenant for his damages, this is the reason your LL is unlikely to be willing to release one of the tenants early from his obligation to make payment.

Hope that helps.

James Newell agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.