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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 28524
Experience:  30 years of real estate practice experience.
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I have a prospective tenant interested in renting my condo.

Customer Question

I have a prospective tenant interested in renting my condo. She currently is ending a relationship with her boyfriend. The two of them co-signed a lease with their current landlord which is nearing the end of the term. At the end of the term, if a new lease is not signed, then the agreement goes to "month to month" mode. She wants to end her obligation to her current landlord and her boyfriend wants to continue on a month to month basis . If she gives, in writing, notice to her current landlord that she no longer wishes to be connected to the property at the end of her current term, does that suffice to terminate her obligation to her current landlord?
The lease is a standard Anne Arundel County lease here in MD.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Loren replied 4 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortuantely, unless the landlord agrees to allow the the partial release of the tenancy to the girlfriend, she may find herself continuing to be liable if the boyfriend remains in the apartment.

The reason is that the lease provides for the agreement going month to month and most leases with multiple tenant provide for joint and several liability for all the tenants.

So, she will need to work this out with the landlord if the boyfriend is staying.

Expert:  Loren replied 4 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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