My 35 year old daughter and her boyfriend signed a lease to an apartment. She has an 8 year old son (not his). He is Primary and income was based on his wages. She was secondary with only a part time job.
Due to his losing his job (seasonal work), he has been home for three months, bored, depressed, and relying on his mom to pay their rent.
My daughter has contributed nearly as much as he has over the last 7 months, but now he is making her move out in the middle of winter, when she has no where to go. Can he do this? :mad:

Hello a:

Roommates cannot evict other roommates. Only the landlord can do that, and if he did, he'd evict both of 'em.

I don't know what you mean by "making" her move, but if he tries anything physical or threatening, your daughter should go to court to get a restraining order against him...

Then guess who is going to move?

excon

While I agree with excon, I'm curious about your use of the designations primary and secondary. Is the lease worded that way? Or are they listed as co-tenants.

If the list is worded that way, then there is a possibility that he would be considrered her landlord and could evict her. I'm not sure how a court will look at it.

But he can't just throw her out. At the very least he has to go through a formal eviction process where she will get a hearing.

While I agree with excon, I'm curious about your use of the designations primary and secondary. Is the lease worded that way? Or are they listed as co-tenants.

If the list is worded that way, then there is a possibility that he would be considrered her landlord and could evict her. I'm not sure how a court will look at it.

But he can't just throw her out. At the very least he has to go through a formal eviction process where she will get a hearing.

They got the lease due to his income meeting their minimum requirements. HOWEVER, she has contributed since then when going back to work and keeping the bills paid and food in house. Then his mommy "picked up his pieces" (as usual) and paid the rent for them for last few months when they both lost their jobs. His is seasonal, and he bit.. ed too much cause he had to watch her son. Well he didn't bit.. he just gave her the usual silent treatment, making her ill at ease ALL the time.
I kept telling her she didn't have to move, and every stick of furniture I gave her or she found on her own, and his mom gave them a clock and some chairs.. otherwise it is ALL hers.
He did "rush" her the other night, and I told her if he laid ONE HAND on her, she was to FILE Domestic Violence against him. But here, she would have to go to the mandatory Domestic Violence Course the State of Ohio makes them go to now. So told her to let him swing and don't respond in any way. And that if she didn't HE would have to go and she could fight going saying that they were not in the same sleeping quarters.
I told her to move him to the boys single bed, and her and my grandson should take the big bed for the last five months of the lease. This way at least she could save up for a car and find a job worthy to pay the rent and all by herself.
My grandson LOVES his place, and has little friends, and she has some there too.
The guy will surely default on the rent as soon as she leaves anyway, and run home to his mommy, so she knows to get her name off lease if she does move out.
I would take her into my home, but last winter when he did this and gave her the ultimatum leave moms or lose me, I also moved to a smaller place with my youngest two, and have no space for them now.

This doesn't answer the question about how the lease is worded.

As for the furniture, can she prove she supplied it? It really doesn't matter who has paid what. The only thing important here is how the lease wis worded. If they are equal co-tenants, then niether can evict the other.

Hello Scott:

I would bet my last dollar that the wording "primary" and "secondary" has to do solely with the apartment complex formula for computing whether they make enough money to qualify.

In fact, I have NEVER seen a lease worded in a manner that would suggest a primary tenant vs a secondary tenant... Maybe on the east coast...

excon

Hello Scott:

I would bet my last dollar that the wording "primary" and "secondary" has to do solely with the apartment complex formula for computing whether they make enough money to qualify.



I suspect the same thing. But I've seen some strange things.

This doesn't answer the question about how the lease is worded.

As for the furniture, can she prove she supplied it? It really doesn't matter who has paid what. The only thing important here is how the lease wis worded. If they are equal co-tenants, then niether can evict the other.

I GAVE IT ALL to her, so yes I can prove it. And to the other answer, YES, I am sure it is the wording and that he had the income that met their requirements.

THANKS everyone for all your help. My daughter has this link and will read all your replys... she will thank you too!

I GAVE IT ALL to her, so yes I can prove it. And to the other answer, YES, I am sure it is the wording and that he had the income that met their requirements.

Did you read what excon said? Are you sure what the lease says or whether you are referring to the application for the apartment.

As to the furniture, you can testify you gave it to her, but can you prove it? I'm playing devils advocate here, but a court will want more than your testimony.

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adedicatedmom (https://www.askmehelpdesk.com/members/adedicatedmom.html) agrees: I just need to find Ohio Laws about Legal eviction of roommate.

If they are both co-tenants then neither can evict the other. As co-tenants neither is the landlord over the other and only the landlord can evict.