Legal Question in Real Estate Law in California
Modifying Joint Tenancy Rental Agreement When One Tenant Moves Out Before Lease
In January 1999, my then girlfriend and I entered into a Joint Tenancy apartment rental agreement. We both signed the agreement. We both paid an equal share of the rent.
In June 1999, my then girlfriend became my "ex" girlfriend and moved out of our apartment.
Since then, I have been paying the entire rent. Is there anyway to modify the lease to reflect only my name? She is not cooperating by removing her name off the lease.
Is there any court proceeding I can utilize to "force" her off the lease? I don't think it's fair for me to assume 100% of all of my apartment's obligations while she does not live there.
I would appreciate a response. Thank you.
1 Answer from Attorneys
Re: Modifying Joint Tenancy Rental Agreement When One Tenant Moves Out Before Le
The lease agreement is a contract. It can be modified, by removing the ex-girlfriend's name from it only if the landlord agrees. The landlord may not be willing to remove her name, as she is liable for the payment of the rent on the apartment until the lease terminates.
Ask the landlord if her name can be removed from the lease.