removing wifes name from lease can Landlord termnat whole lease

[mskatzes17]

My divorce was final today and and my ex-wife is moving out of house we was renting. I had already moved out because wife asked me too. Now the wife wants to move out of house and have her name removed from lease. I want to move back into house after she moves out after daughter school is out. Now the landlord wants to terminate whole lease and make me re-apply. In this the landlord is saying I wont get my deposit back because lease was not fulfilled. I want to move back into house and fufill lease but the landlord want to terminate the lease. I want to know if I should be able to stay and also if I should get deposit back because it is not my choice to terminate the lease.

 

[Gail_in_Georgia]

Your wife is breaking the lease by wishing to end her part of this before the lease is up. Both of your names were on the lease and both of you were financially responsible got meeting the terms of the lease and staying until it was completed.

If you both worked, your landlord may be concerned that you alone may not meet his/her income criteria.

Gail

 

[mskatzes17]

I am for sure that is not the issue. She says she never dealt with someone asking to remove a name from the lease before. This all I want to do well what the ex-wife wants to do it.

 

[Gail_in_Georgia]

Well; it sounds as if your landlord isn't going to agree to the request to take your wife's name off the lease. It would be better for you to reapply...here is why.

You and your wife both signed the lease; both of you are currently liable for the rent until the lease is completed. If your wife does not do this, she is breaking the lease. As such, the landlord can keep the deposit for owed rent until the unit is rerented.

Ironically if your wife leaves and you immediately rerent the unit then the landlord cannot use this deposit for owed rent because another tenant (you) has taken over the lease. In other words she cannot "double dip"; collect rent from two parties. Assuming there is no damage above normal wear and tear to the rental when your wife moves out she would need to return the deposit to the previous tenants...you guys.

It's a bit of a strange situation.

Gail