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.
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
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