How can I get My husband's name off my apartment lease?

Asked almost 4 years ago - Morris, IL

This was my apt 1st. His name was added after we got married. We are getting a divorce.He refuses to sign something to get off the lease.I receive rental assistance.Before he moved in I was income exempt and had $0rent.I need to get back to my $0 rent cuz hes no longer living here.In the meantime, since his name is on the lease, rent is $440/month. Is there a way for my landlord to remove him from my lease without him signing anything if I do not know where he is?Only reason we started getting charge rent is because they based the rent off HIS income. I have NO income. What can be done?

Attorney answers (2)

  1. David Matthew Gotzh

    Pro

    Contributor Level 20

    Answered . Petition the court, it's the quickest & fastest way. The apartment slumlords won't budge without a court order b/c right now they're scoring $440 a month. Have your attorney draft up a short & sweet petition, file it, and the issue will likely be settled (Knowing how quick Grundy County is) within a week or so - unless he objects and demands a hearing (Though I suspect a quick pretrial will take care of that issue as well).

    Sorry this is going on, best of luck, and hope this helps!

  2. Berton N. Ring

    Contributor Level 11

    Answered . Your question is not clear if you are a housing choice voucher recipient or a project based recipient. that would matter. First, your landlord is not obligated to remove your exhusband from the lease, he is still responsible to the landlord under the terms of the lease. Perhaps your landlord may consider writing a new lease but having your ex husband guarantee it and then cancelling the old one. It has the same effect to the landlord but it helps you out.

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