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Luna | Lease Tenant Changes? |
I am a primary tenant of a townhouse in Virginia. My wife who also signed the lease recently left. She has no intention of coming back and I would like to know by law what are my rights as a primary tenant. Can I get her out of the lease and add a new person in her place on the lease? |
 |
 
9 daughters
|
Whatever you do the landlord has to agree to it and I'm sure he will agree to add another person onto the lease but whether or not he will release you wife is doubtfull. Here's why.
To a landlord your wife is like a co-signer, another person to go after if the rent doesn't get paid or the place is damaged. From his perpspective the more co-signers the better. So he has ample incentive to want to keep her on the lease but no incentive whatsoever to release her.
If your landlord is a decent person he will agree to your suggestion, however, because it doesn't result in the net loss or gain to the landlord. He's just trading one co-signer for another. |
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reenzz
|
Any changes to the lease must be agreed on in writing by you, your wife and the landlord. |
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chatsplas
 |
SURE you can do that, WITH her agreement, and that of LL. Or you can wait until lease expires and get new one. |
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melldiva
|
Your landlord can draw up a Lease Addendum to remove her from the current lease (which releases her from all rights to the deposit, and responsibility for rent & damages), and an Addendum to add the new tenant (that way they can screen them and hold them legally responsible in the event of default). It's in everyone's best interests to do this.
In CA the deposit stays with the unit, so no deposit is paid until all parties vacate (in case your wife is asking for a refund), |
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GWB
|
The best way is to have her sign off the lease.
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Jeffrey H
|
Each state laws vary I live in california but your local social legal office
or ACLU research division might be glad to assist in those matters.
Seems a new lease might be in order check with your lease holder
for his guidelines after asking a free local law office like the aclu
and even some law college students officeoffer free information like lease law for that state. check with the campus legal professors
they are very well versed in Virginia law and iorder to teach they have to keep up with that section a very easy answer can be obtained relatively quickly by a few phone calls. You might researh the
answer on a law chat line and ask those who do this stuff for a living
you know many law students and lawyers like to chat about such
information to show their knowledge try the chat lines in yahoo
they have answered my questions pretty well. Successfully.
cheers |
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estielmo
 |
Did she sign as an Approved Resident or as a full signatory to the lease? If the latter, you were merely the first one to sign but are totally co-equal together.
If you were my tenant(s) I want as many people on the lease as possible so I have as many people as possible on the hook to sue later (that's why when children turn 18 some landlords want them to add their names to the lease).
In that case ALL the signatories must agree to amend the lease. It's easiest just to get the ex-, you and the landlord to cancel the current lease and draw up a new one.
If she was simply an Approved Tenant you only have to notify the landlord she is out and seek permision for the replacement. |
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diamondjim
 |
You both must submit in writing your agreement for her to end her tenancy to the landlord. |
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lori b
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no you cant take her off the lease , but you can add someone to the lease |
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