Summary
In Missouri, tenants cannot unilaterally change a lease. If all parties agree, a lease can be modified. For month-to-month leases, terms can be changed with proper notice, typically 30 days. Ideally, the tenant who wishes to be removed should make the request. If one tenant leaves but does not want to be removed, you cannot remove them without their consent. Always ensure changes are documented in writing and consult a local attorney for specific guidance.Full Conversation
Nine years later, he has moved out. So what happens with his name being on the lease? Does he have to make the request to be removed from the lease? Is she able to request to have him removed? Or is that something I just do myself without any input or confirmation from him? Or how is that handled?
Hello Lesa. In Missouri, generally:
- Tenants cannot unilaterally change a lease.
- If all parties agree, a lease can be modified.
- Otherwise, the lease remains in effect until it expires.
You should consult a local attorney for specific guidance.
They were on a month to month.
Hello Lesa. If the lease is month-to-month, you can generally:
- Change the terms with proper notice, typically 30 days.
- Remove a tenant from the lease if they have left and the remaining tenant agrees.
Please consult a local attorney for specific guidance.
And what does unilaterally mean? ????
Hello Lesa. "Unilaterally" means that one party makes the decision or change without the agreement or consent of the other party involved. In the context of your lease, it means a tenant can't change the lease terms on their own.
So, he would have to make that request himself to me to be removed?
Hello Lesa. Yes, ideally he should make the request to be removed. However, if he's already left and the remaining tenant agrees, you can update the lease. Always ensure to communicate changes in written form and consult a local attorney for specific guidance.
If he leaves but say he didn't want to be removed, maybe in hopes of reconciliation or for whatever reason, I wouldn't think I could just take him off because she says so, without having confirmation or a request by him to do so.
Hello Lesa. Could you please tell me if there's a written agreement between you and the tenants about termination of lease? It's important to follow the terms of your lease agreement even when the tenant moves out.
Yes there is. However, it doesn't address if one goes and one stays and it's not a very cordial situation.
Hello Lesa. In such a situation, it's best to:
- Request written communication from both parties
- Discuss with a local attorney to understand the best course of action
- Remember, any changes to the lease should be agreed by all parties involved and documented properly.
????????. Your a rockstar!! Thanks for your help.
I'm glad I could assist you, Lesa! If you have any other legal queries in the future, feel free to reach out to us at FreeLawChat. Have a great day!
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