How to Amend a Lease Agreement When One Tenant Moves Out

One roommate leaving puts the other on the hot seat.

Being a co-tenant on a property places each individual tenant in a precarious situation if the other leaves prior to the expiration of the lease term. While every county has different regulations regarding renter's rights, most lease agreements with more than one tenant maintain "joint and several liability." Simply put, the remaining tenant is responsible for all terms in the lease--including full rent. Amending the lease may be possible if the landlord is willing; however, with one tenant leaving, it can be argued that the lease was broken by all tenants and is reason for eviction.

Things You'll Need

• Proof of income

Instructions

1. Talk to the landlord to make sure the other tenant gave sufficient notice to leave the property. If he didn't, it is possible that he might return and claim his room per his lease agreement.

2. Make a written agreement between you and the departing roommate, if no notice was given to the landlord. The agreement should clearly state that the departing roommate is responsible for rent, utilities and damage, unless you are able to replace him. If the roommate left amicably, this should be no problem to obtain. However, if the departing roommate is unwilling to sign an agreement, send him a letter via certified mail notifying him of his breach of contract and possible penalties if you are unable to replace him or get evicted. Further, state that the departing roommate gives up any rights to occupy the property at any future point in the lease terms.

3. Explain to the landlord that you wish to remain on the property. If you are able to pay the entire rent on your own, provide the landlord with your income and credit documentation. If you want to get a new roommate, ask the landlord for permission to seek a new one.

4. Introduce the landlord to the new roommate prospect, if you are allowed to replace the old one. The landlord will most likely run a credit check on this person to confirm that he can pay the rent and utilities.

5. Ask the landlord to create an amendment to the lease that removes the departed roommate from occupancy rights from that date on. If a new roommate is brought onto the lease, this person should be given occupancy rights and take over financial liability from the date of the amendment.

6. Sign the amendment and attach it to the original lease.

Tips & Warnings

• Amending a lease keeps you in the property at the same rent level, and with only the remaining term in the lease.

References

• Nolo Law for All: When A Roomate Moves Out
• City of Boulder Colorado: Landlord Tenant Handbook