How to Remove a Roommate from the Lease

Written on July 25, 2017 by

Remove Roommate from LeaseWhen you moved in with your roommate, it seemed like things would be great! But then your roommate lost their job and quit paying their fair share of the rent.

Maybe you and your significant other decided to live together. But the relationship didn’t work out. When your ex moved out, they left you paying the full rent amount.

Both scenarios are all too common, and they might leave renters wondering how to get a roommate or an ex off the lease.

Here’s what you need to know about navigating these types of situations.

Please note that the information in this post is general in nature, is not legal advice, and should not take the place of legal advice. If you have a legal situation or question, it’s best to contact an attorney for your state.

The Bad News: You Can’t Force Someone Off the Lease

Unfortunately, if you’re a renter, you can’t remove someone’s name from your lease. That means if your roommate or ex wants to stay, or keep coming back periodically, and leave their belongings, there’s nothing you can do. Your landlord is under no obligation to remove your roommate’s name from the lease.

But some landlords are willing to remove a person from the lease. So it doesn’t hurt to ask.

It gets worse! If you can’t afford the rent by yourself, but your roommate or ex won’t pay and won’t leave, your landlord can sue both of you, or just one of you, to fulfill the lease agreement of paying the full rent. And if you’re the one with the job, guess who the landlord will likely sue?

The Good News: You Have Options

1. Get Another Roommate

If your roommate stops paying the rent but leaves, your landlord might allow you to find another roommate and allow the new person to take over the lease.

But the landlord doesn’t have to agree to this situation.

2. Find Another Place

If you can’t afford the rent on your own, you can arrange to move. Ask the landlord if they’ll break the lease. They might agree to break the lease for free (!), or they might charge a fee for letting you get out of the lease.

Further reading: A Renter’s Guide to Breaking a Lease

Note: If you don’t move and you aren’t paying the full rent amount, your landlord could evict you then sue you for rent owed. The good news is that if the landlord chooses this route, they have to make an effort to find new tenants. They can’t just do nothing and sue you for the remaining rent until the end of the lease term. You would be responsible for rent, however, until the place is re-rented.

3. Stay and Sue

If you and your roommate (or partner) are on the lease together and the other person stops paying (whether they leave or not), you might be able to cover their rent. You can then stay in the rental, and if you want to, you can sue your roommate in court for their portion of unpaid rent.

How to Sue Your Roommate

You’ll need to check your state law on this procedure, but you’ll probably be able to file a small claims lawsuit to get the money owed to you by your ex roommate. You’ll need to prove that you have a 50/50 agreement (or whatever the agreement was) in order to win your court case.

1. Prove Your Roommate’s Share

One way to prove your roommate’s portion of rent would be if you have written proof, which states what rent amount each party was responsible for. If you don’t have that, and only one of you paid the landlord, you can still prove your portion of the rent with your bank statements, or printouts of rent payments from Cozy. If, for example, you paid the landlord and your roommate paid you their share in cash or direct deposit, you can show the court this regular payment. If you ask, your landlord might help you by telling the court (in person or by a statement) how much you paid each month and how much your roommate paid.

2. Send a Demand Letter

Before you go to court, you might want to send your ex roommate a demand letter, stating what they owe you. The demand letter will also state that if you aren’t paid, then you’ll take them to court. This letter will need to be sent by certified mail. That might be all it takes to get the money you’re owed.

3. Bring the Right Paperwork to Court

If you don’t get your money after sending the demand letter, go to court. You should bring the following:

  • Proof of what you’re owed
  • Your copy of the demand letter (or some other proof that you asked for the money)
  • The lease
  • Your landlord or a statement from your landlord

Bottom Line

Signing a year’s lease is serious business. Although you can’t predict the future, try your best to only sign a lease with people you can trust. If relationships end, then it’s best to respect the lease, and come to some agreement on your own. If you can’t, then it’s okay to discuss your options with the landlord about removing one or both of you from the lease.

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14 CommentsLeave a Comment

  • Scott Adlhoch

    Finding a new roommate is one of the best idea, becuase you get new partner with you.

    • Ms.PearlBenton

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  • Alicia Watson

    My mom is on my lease and every month I get a 3 day notice because she doesn’t pay her rent on time plus she had my sister over and damaged some property how can I get her off my lease in California

    • Ms.PearlBenton

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  • Renea

    I signed a year lease with my current roommate and I am regretting it to the fullest. I have tried for months now to let her be who she is however she is 37 years old and behaves like an 18 year old. I am miserable in this situation. I feel like I live with a child. I know that these things aren’t legitimate reasons to be removed however she is doing hard drugs and brings it in the house, drinks and brings people in here that I don’t trust and everything in this house including the bed she lays her head in belongs to me so of course she doesn’t care if anything happens to my things. What can I do? What are my options? There is still 6 months left on the lease and I can’t wait that long…PLEASE HELP!!!

  • Ms.PearlBenton

    I would like to read Movie my son Bishop Ĺee format the Lesson 1mout.
    My name is Ms.PearlBenton you can call me at2128763408.

    Thanks you.

  • Kathy Zaretz

    me and a friend and coworker got a 2 bedroom apt together we decided just to put my friends name on the lease we split the rent and utilities however we also spit the security deposit..Now my friend on the lease got someone to take over her lease also gave my friends security for what she paid..Now i want to move out.. my name is not on the lease so who is responsible to give me my security back ?? please help.. ty

  • Monica

    Full recommendation I would like to recommend to anyone suffering from breakup. 😟😟😟😟 dr_mack @(yahoo). com is a spell caster which you can rely on at any time. My boyfriend get back within 6 days. Great touch, great patience, and most importantly – it really works! 😟😟😟😟😟😟

  • Heritage

    I signed a year lease with a co worker, we have no written agreement but we split the rent down the middle. The checks have always been in my name and he would give me a cash. He got fired and didnt pay rent for months and then he moved out, left all his stuff here and isnt comming back, he already owes me rent from months ago and now i have to pay for the apartment on my own. He basically fell off the face of the earth and wont answer texts or calls, What should i do? Can i throw out his crap?

  • Nicole

    I have been renting the same place over past 2 years. At the beginning the lease was just in my name and my boyfriend was listed as an occupant. Upon renewal last year I added my boyfriend to the lease. Now its time for year 3 to begin, and I would like to remove him from being a lease holder and put him back to occupant. My property manager is refusing to do so. I am financially responsible and able to maintain the rent alone and can show proof. Is the landlord/property manager able to deny my request? Do I have any legal grounds if I present a letter even if comes from an attorney? I appreciate your guidance. Thank you

  • Christian

    See my situation is very complicated and I knew I shouldn’t have signed a lease with my roommate but in an attempt to help him get back on his feet and ease the burden of a large bill every month I agreed to sign a lease with someone that wasn’t local to the city and is a recovering addict. I have texts of him agreeing to pay me his half of the money I put into the apartment, keeping the apartment a drug free zone (not coming back high), as well as him agreeing to let me get him a job with the company I work for until he found something better. The day we moved in he immediately started acting out and actually moved his brother into the apartment without my knowledge while I was at work and then left him there alone in our place. Help me

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