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Modification of Lease: Can my wife and the landlord decide between themselves?

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  • Modification of Lease: Can my wife and the landlord decide between themselves?

    My wife and I have a divorce proceeding through the courts. We currently live in a rental and both of us signed the lease. She asked for and received permission from the landlord (not me) to vacate the premises and gave the landlord a 30-day notice letter (what the landlord asked for). Can my wife and the landlord decide between themselves, without me, to remove her from the lease, leaving me as the only tenant? It seems that since all three of us signed the lease, than all three of us need to agree to its early termination.

  • #2
    You are correct and could even sue her in small claims--but since you are in divorce proceedings as well, the divorce court should rule on that and help to divide the payment obligations.

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