Removing partner who does not contribute and has no income from lease/premises?

[Anonymous]

Are there any tactics for removing someone from a joint lease? Would speaking to the leasing office help? This person’s income was not used to qualify for the rental, as it is 0. Recognize they generally have to agree and sign an addendum. However, they indicated they won’t sign/want to stay —but they cannot pay the rent. I’m fine to either move or stay (without them on the premises/lease). I just don’t want to be commingled financially anymore.

[Anonymous]

Are you married?

[Anonymous]

You can stop paying and get evicted after a few months. But there are consequences.

Or sue your "partner" in small claims court, where judges have discretion on fairness.

[Anonymous]

Not paying and getting evicted is not really a good suggestion. Not sure small claims court will help at this point. I just want to be disentangled and that doesn’t help with respect to the remaining lease term.

Am open to two things:
1. Staying and continuing to pay the rent. I just don’t want them there living rent free. So, the leasing office would need to remove them from the lease if that is even possible.
2. Finding new tenants, terminating the lease, and moving to another place. The problem is they’re saying they won’t leave/will not agree to terminate the lease

[Anonymous]

Anonymous wrote:Not paying and getting evicted is not really a good suggestion. Not sure small claims court will help at this point. I just want to be disentangled and that doesn’t help with respect to the remaining lease term.

Am open to two things:
1. Staying and continuing to pay the rent. I just don’t want them there living rent free. So, the leasing office would need to remove them from the lease if that is even possible.
2. Finding new tenants, terminating the lease, and moving to another place. The problem is they’re saying they won’t leave/will not agree to terminate the lease

Why would they have to agree to terminate the lease? That’s between the landlord and them.

What state? Some have squatters rights and you can’t easily evict.

[Anonymous]

This depends on what state you live in. You need to talk to an attorney with experience in your state. In a jurisdiction like DC it can be very difficult to get rid of someone, even when their name is not on the lease.

[Anonymous]

What’s the backstory here?

[Anonymous]

This is why you shouldn't commingle finances if you're not married. It sounds like you have a leeching loser of a BF/GF. Why on earth did you add them to the lease if only your income was used to qualify?

If you can't pay to terminate the lease without their signature and cooperation, then you need to speak with an attorney. Unfortunately, you gave them rights when you signed a lease (a legal document) with them.

[Anonymous]

When does your lease end? Can you give notice that you aren’t going to renew and then be done at the end of the term? It seems like you would be in the same legal position as any other 2 unrelated roommates on a lease.

[Anonymous]

Anonymous wrote:This is why you shouldn't commingle finances if you're not married. It sounds like you have a leeching loser of a BF/GF. Why on earth did you add them to the lease if only your income was used to qualify?

If you can't pay to terminate the lease without their signature and cooperation, then you need to speak with an attorney. Unfortunately, you gave them rights when you signed a lease (a legal document) with them.

Yup. It was stupid. I literally just want them out or to terminate the lease. They’re saying they’re not willing to sign the paperwork to terminate. Wondering if leasing office might be willing to work with me. Perfectly happy to find replacement tenants to aid termination, etc.

[Anonymous]

I'm always happy to answer questions, but this really can only be answered by an attorney in your area.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This is why you shouldn't commingle finances if you're not married. It sounds like you have a leeching loser of a BF/GF. Why on earth did you add them to the lease if only your income was used to qualify?

If you can't pay to terminate the lease without their signature and cooperation, then you need to speak with an attorney. Unfortunately, you gave them rights when you signed a lease (a legal document) with them.

Yup. It was stupid. I literally just want them out or to terminate the lease. They’re saying they’re not willing to sign the paperwork to terminate. Wondering if leasing office might be willing to work with me. Perfectly happy to find replacement tenants to aid termination, etc.

PP here, I'm sorry you're dealing with this. You need to speak with an attorney to find out your rights. The leasing office lacks the legal expertise and they wouldn't be required to serve your best interest. Why would they help you break a lease and lose money?

At least you're learning this now and not when you're married and forced to fork over half your marital earnings plus any other commingled funds. Even if it costs you a few thousand, it will be less costly with a BF/GF. Also, stop using the term "partner" - it makes the relationship sound more serious. It's also just a stupid term. You're either married or you're not.