To request the removal of a name from your lease, the remaining tenant (s) and the departing co-tenant should send a certified letter to the landlord. The landlord should always check that the person whose name is being removed wants to be taken off.
Removing one or more names from a rent-stabilized lease does not trigger a “vacancy lease” on renewal and the landlord is not permitted to revoke a “preferential rent” agreement, if you have one, and raise the rent to the legal regulated rent.
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The landlord can alert local law enforcement who will then remove the tenant from the rental property and can place their possessions on the street.
To request the removal of a name from your lease, the remaining tenant(s) and the departing co-tenant should send a certified letter to the landlord. The landlord should always check that the person whose name is being removed wants to be taken off.
Dear [Landlord], This letter will constitute written notice of my intention to vacate my apartment on [date], the end of my current lease. I am doing so because [explain the reason if you desire, such as a large increase in rent]. Please recall that I made a security deposit of $______ on [date].
A landlord may legally terminate a lease if a tenant significantly violates its terms or the law -- for example, by paying the rent late, keeping a dog in violation of a no-pets clause in the lease, substantially damaging the property, or participating in illegal activities on or near the premises, such as selling ...
Tenants on the lease must come to an agreement before any changes are made. For example, if one tenant advises the property manager that another tenant has moved out and should be removed from the lease, the tenant who has moved out must provide written agreement to the change to have themselves removed from the lease.
You might be able to end your joint tenancy agreement straight away and get a new one just in your name. Your ex-partner and your landlord will need to agree to this change. This is called 'surrendering your tenancy'. Before you ask your landlord to end your tenancy agreement, check if they'll agree to the change.
A termination notice must:Be in writing.be signed and dated by the party providing the notice agent.be properly addressed give the day on which the residential tenancy agreement is terminated and by which the tenant will need to vacate where appropriate,Give the grounds/reason for the notice.
If you pay all outstanding charges before moving, including any back rent and fees, breaking a lease won't hurt your credit score. However, breaking a lease can damage your credit if it results in unpaid debt.
According to the CPA, if a tenant provides the landlord with 20 business days' notice, the tenant has every right to cancel the lease early. However, this does not mean that a tenant can just pack his/her bags and leave the property without facing some sort of penalty or financial repercussion.
Cancelling your existing lease agreement The landlord can charge a reasonable cancellation fee which will take into account the time that it will take to get a new tenant and the costs of securing the new tenant. Most contracts now stipulate a reasonable penalty.
Sub-tenant You must give the head-tenant a 21-day termination notice under a periodic agreement, or a 14-day termination notice before the end of a fixed- term agreement. Boarder or lodger You should give the landlord 'reasonable' notice (e.g. if you pay rent weekly, give them at least 7 days notice).
What happens if one joint tenant wants to leave? A joint tenancy does not end when one joint tenant moves out of the property. If at least one of the joint tenants continues to live in the property as their only or principal home, the tenancy continues.
If the tenancy is a periodic agreement or the fixed term has ended, then any co-tenant can terminate their own tenancy at any time. They must give a termination notice to the landlord and all the other co-tenants. The termination date must be at least 21 days after the co-tenant gives the notice.
To request the removal of a name from your lease, the remaining tenant (s) and the departing co-tenant should send a certified letter to the landlord. The landlord should always check that the person whose name is being removed wants to be taken off.
If you live in a rent-stabilized apartment and the landlord agrees to add your roommate’s name to the next lease, it is considered a “vacancy”, even though no one is moving in or out. That means if you have a “preferential rent”, adding a new name can mean risking losing your preferential rent.
The Rent Stabilization Code states that a tenant “shall have the right to have his or her spouse, whether husband or wife, added to the lease or any renewal thereof as an additional tenant where said spouse resides in the housing accommodation as his or her primary residence.”.
If you are leaving a rent-stabilized apartment and one or more co-tenants are remaining or you would otherwise like your name removed from a lease with multiple names or signers, you will need to write a letter to the landlord asking to be removed from the lease and that you are giving up rights to the apartment.
Simply write a letter to the landlord asking that your spouse be added to the lease, and send the letter by certified mail, return receipt requested. Your landlord is not entitled to charge you a rent increase for this. You can include a copy of the marriage certificate or certificate of domestic partnership if the landlord asks for proof.
If one of the co-tenants dies, the remaining listed tenant (s) should write a letter to the landlord and ask that the name of the deceased be removed from future lease renewals. Proof may be required, such as a death certificate. If one of the co-tenants has moved away and cannot be reached – or has moved away and refuses to cooperate – ...
In rent-stabilized and rent-controlled apartments, certain family members may have succession rights – the right to remain in the apartment and take over the lease and tenancy – if the primary tenant moves or dies. For more information, read our fact sheet on succession rights.
I agree, based on the information provided. You need to move out for health and safety reasons. Each roommate who is in a tenant relationship with the landlord can be held responsible for the full amount of the rent due. For example, if all the roommates sign the lease and one moves out, the others will be responsible for the full rent...
Given that they call the police at the drop of a hat I would document everything. Keep records with sates and occurences and file a report if you feel threatened and maybe loo to get an order of protectionif it escalates.
This is landlord-tenant law, so I changed the category for you. Read your lease to see if there are any ways out without penalty. Also, call the police next time you feel in danger or threatened in your own home.
If the landlord removes a tenant’s personal property before the eviction order is granted, then the tenant will have grounds to sue for illegal possession of property and any associated damages done to the property that were caused by the landlord’s illegal actions.
If the tenant simply forgot to pay rent or is now in a situation where they are able to pay it, then the tenant should alert the landlord and make the payments.
There are many different reasons for why the landlord may want to evict a tenant from a rental property, including: If the tenant has breached the terms of their lease or rental agreement (e.g., smoking in a non-smoking building or keeping pets despite no-pet conditions in the lease); and.
If a court rules in favor of the landlord, then the tenant will have a certain amount of days to leave the premises. If they have not left after the time period has expired, then the landlord may contact local law enforcement to have the tenant arrested and removed.
If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.
This should happen either before the landlord sends a formal eviction notice or the tenant should reach out to the landlord immediately after they receive it. This is especially true if the reason for the eviction is based on missing rent payments.
A landlord is not allowed to throw away a tenant’s belongings before they have received an official court ruling. When a landlord partakes in this conduct, such as removing the tenant’s personal property or changing the locks to their apartment, it is known as a “self-help” eviction.
Once that is done, a judge or magistrate will review the information on the forms and determine whether to grant or deny the name change request. In most cases, the judge will grant the petition.
In addition, while it is not the most common situation, a person may also have their name changed if they enter a witness protection program.
For instance, if the person wants to change their name to someone else’s with the intent to assume that person’s identity and to collect on their benefits, then not only will their request be struck down because it is illegal, but they can be charged criminally for it as well.