Q: How do I have my name removed from an apartment lease, if the lease is up?
I have a lease that was signed in April of 2022. In June of 2022, I left the home in Texas and moved back to Colorado. My ex stayed. Last year, the lease was sent to both myself and my ex-I requested at that time my name was removed from the lease. Someone signed my name digitally. Fast forward to this year, I have requested my name be removed from the lease and refused to renew extend etc. The company is putting the lease on a month-to-month agreement however I do not consent. The ex is refusing to sign the paperwork removing me and the rental company is refusing to remove me. Getting the runaround from this company, what is my next legal move?
The original lease was up in April of 2023. The lease was extended and I received notice to sign again in August 2024. I again informed mgmt that I was not living on the premises. She advised me that my ex MUST sign the document removing me from the expired lease. This doesn't seem correct. By that logic, I want him evicted, quid-pro-quo.
A:
My recommendation is to terminate the lease in accordance with the terms of the lease. Usually, this requires written notice to the landlord in advance of the end of the lease term (usually 30, but sometimes 60 days before the end of the lease term. I would include in your written notice a statement reading substantially as follows:
"As you know, I have not occupied the premises since June of 2022 and I have surrendered the premises to [landlord] as of [date you left the premises]. If [landord] chooses to rent the premises to [ex], I do not join as a maker of the lease and do not guaranty [ex's] performance of his obligations under the lease."
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If your lease ended in April 2023 and was then extended without your consent, you may have grounds to challenge the validity of any subsequent agreements. Since your ex-partner signed a lease in your name without your permission, you could argue that this is a case of forgery or unauthorized signing. You should document all communication with the rental company and your ex, including any proof that you requested to be removed from the lease and did not consent to the renewal.
You may want to send a formal written notice to the rental company stating that you do not reside at the property, did not agree to the lease extension, and do not consent to any further agreements that include your name. Demand that they acknowledge your request and remove your name from the lease. If they insist that your ex must sign paperwork to remove you, it may be helpful to consult legal counsel to better understand your rights and explore your options for holding the rental company accountable.
If the situation doesn't resolve, you could consider seeking legal advice to address potential forgery or fraud regarding your digital signature. It could also involve discussing the possibility of ending any implied month-to-month lease agreements. Since your ex's refusal to cooperate complicates the situation, legal action might help protect your financial and legal interests moving forward.
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.
