My ex-girlfriend and I signed a rental lease agreement with a private owner until May 2014. One of us would now like to move out and let the other party assume the remaining months on the lease. However, the landlord will not revise the lease to remove one of us from the agreement. My question is… If we draft and sign an agreement between the two of us, stating that one of us will move out and assume the lease, thus releasing the other party from the obligation, is this agreement between us a binding agreement , or does the agreement that we signed with the landlord make our agreement not-binding" Please Advise.
If your landlord will not remove one party from the lease, one party can contractually obligate him or herself to pay for the entire lease payment to the other party, but if the payment is not made, the landlord can still go after either party for payment. The party that was released will still be obligated to pay the landlord under the terms of the original lease, but that party could then enforce the contract between the parties and seek repayment from the defaulting party.