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Can I be taken off the lease by my housemate?

By Tenant

The problem with sharing an apartment with someone is that when disagreements arise, your roommate may threaten to take you off the lease agreement. If you are not well-informed then you might get all crazy with such a threat. But know that there are conditions that your roommate has to meet before you are taken off the lease agreement.



Did you sign the lease too?

When you signed the lease together with your roommate, then you’re on the lease. And the only way for you to be taken off the lease is if all of you who’s in the lease would agree to it. That means you, your roommate and your landlord will all agree that you be taken off the lease. If this happens, then the responsibility to pay rent and take care of the rental property would fall solely on your roommate’s shoulders.

This situation is pretty common especially when relationships end. But if your roommate wants you off the lease then she would have to be prepared to meet all the tenancy requirements. If not then it’s a huge risk to the landlord and it is likely that her request will not be honored.

If you are a sublease, then you will be the responsibility of your roommate. If she wants to evict, she can do so but with a 30-day notice.

When will the lease agreement that you signed end?

It is important that you know when the end date of the lease agreement that you signed is. If you don’t know this fact, your roommate may go to the landlord, renew the lease agreement but without you. If this happens, then you will be evicted because you’re no longer on the lease. If you get evicted, you will be receiving written notices from your landlord.

What does the lease say?

Again, for disputes such as these, it’s always best to know what your lease agreement says. There are some lease agreements that put more power on one person than the other. So you need to check if the lease agreement places the same responsibilities and limitations on you and your roommate.

However, if you think that you are being discriminated and the landlord put up with this discrimination, then you can file a complaint. The RPA, as a mediation company, can help you out. All you need to do is to file a complaint through their mediation center: http://www.rentalprotectionagency.com/complaint_center.php

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Edited on: Thursday, February 14th, 2013 7:06 pm
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10 Responses to “Can I be taken off the lease by my housemate?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Anonymous

February 14th, 2013 9:40 pm

Thank you for this article. It is very informative.

Anonymous

February 15th, 2013 5:00 am

What could you possibly have done that your roommate is now threatening to take you off the lease agreement?

Anonymous

February 15th, 2013 12:20 pm

As I always tell my children, never get into huge fights when you’re in a contract with someone else. If you must fight, never get the landlord involved. If the landlord knows that you get into frequent fights, then the LL may just decide to not renew your lease so you and your roommate will both end up looking for new apartments.

Anonymous

February 15th, 2013 8:20 pm

Before deciding to move in and live together, you must first decide if you want to live with the same person for a year. If not, then it’s best to sign the lease and just have a roommate as a sublease (if the agreement allows a sublease). You may also ask your landlord to have your roommate listed as an authorized occupant.

Anonymous

February 16th, 2013 3:40 am

Don’t move in together if you’ve only known each other for a few months. Living together under one roof means there would be lots of adjustments needed.


Anonymous

February 16th, 2013 11:00 am

Correct. If a lease agreement was entered, then all parties must consent to dropping one name off. If an agreement is not reached, then you cannot be taken off from the lease agreement.

Anonymous

February 16th, 2013 6:20 pm

If the fight is already too huge, then you may want to just request to the landlord that your name be taken off the lease agreement. I think it’s better if you just give up because if no amount of talk or negotiation works anymore, then it’ll be pointless to keep sharing the same flat with a roommate.

Anonymous

February 17th, 2013 1:40 am

I got into a disagreement with my mother and she told me that she’ll take me off the lease agreement. She is listed as the head of household so that makes me a minor. Can she really do that to me? Can she just remove me from the lease and then kick me out on the streets?

Anonymous

February 17th, 2013 9:00 am

What did you do to get your mother very angry that she will make such a threat? If you’re a minor and she kicks you out, then this case could be referred to social services. That is an entirely different story.

Anonymous

February 17th, 2013 4:20 pm

Just remember, if you’re on the lease, you’re legally there. If not, then you can be kicked out. Simple as that.


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