Legal Question in Real Estate Law in New York

Residental Lease

Hello:

I am renting a condo to a couple who both signed the lease. I got a phone call form the boyfriend wanting to have the girlfriend removed from the lease, because she is not paying her share of the rent and bills and he wants her out know. I told him I can remove her, as long as they are both in agreement to make the change.

I spoke to the girlfriend and she does not want to agree to being removed from the lease.

Please advise the best way to handle this issue.

Thank you in advance!


Asked on 7/02/08, 11:49 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Residental Lease

You are correct. You have an agreement with the girlfriend. You cannot unilaterally rescind the lease without opening yourself to a lawsuit - especially if the rent is being paid.

The best way to handle this situation is to stay out of it - as long as the rent is being paid. If the couple should decide to stop paying rent (or pay partial rent) then you would have no choice but to commence a non-payment proceeding.

Mike.

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Answered on 7/03/08, 8:28 am


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