View Full Version : Eviction of an roommate
alishaa82
Jul 6, 2009, 12:31 PM
My boyfriend and I got and apartment together. We're both on the lease. He was caught with another female in the apartment. I came home the next day and he changed the locks.
jenniepepsi
Jul 6, 2009, 12:36 PM
If you are on the lease, go to the apartment office and ask for a copy of the key and to be let into the apartment. In many apartments (not sure what state you are in) it is against policy to change the locks without giving the management a copy of the keys for matenence reasons.
alishaa82
Jul 6, 2009, 12:52 PM
The landlord isn't returning my calls. I have now decided to go to small claims court but I don't know if I have a case. The police said that it's a civil case because I am on the lease and both the landlord and my ex-boyfriend is denying me access to the apartment.
jolienoire
Jul 6, 2009, 12:53 PM
I would inform the lanlord or the property manager of what happened and see if they can draft up a release of responsibility meaning that anything that happened in that apartment after signing that paper wasn't your responsibility, so that anything that happens with the apartment is out of your name. If they won't do it then again he just can't change the locks if you are on the lease.
If that doesn't work I would call the cops.
jenniepepsi
Jul 6, 2009, 12:53 PM
We need a bit more info and background on thits hon... this isn't much to go on.
JudyKayTee
Jul 6, 2009, 12:54 PM
If you are on the lease he can't just simply change the locks and tell you not to come back. If you are paying rent and on the lease he has no grounds to just kick you out. And even evicting someone they would have to give you notice.
This is not totally correct as it implies that the OP must be on the lease in order to be protected from eviction. If that is her residence she is a tenant and her boyfriend cannot legally lock her out.
jolienoire
Jul 6, 2009, 12:58 PM
This is not totally correct as it implies that the OP must be on the lease in order to be protected from eviction. If that is her residence she is a tenant and her boyfriend cannot legally lock her out.
I am aware she is in fact on the lease, I am responding according to her situation and her situation only.
jenniepepsi
Jul 6, 2009, 01:04 PM
we need a bit more info and background on thits hon...this isnt much to go on.
Ahh now I see the problem more clearly with the threads merged...
You need to not simply CALL the landlord, and go INTO her/his office and speak to them directly.
JudyKayTee
Jul 6, 2009, 01:44 PM
With both parties on the lease the landlord would be foolish to allow one to be taken off the lease - at the moment the landlord has two people to pursue if the lease is broken or if there is damage. I doubt the landlord will agree to reduce that to ONE responsible person.
alishaa82
Jul 13, 2009, 01:05 PM
we need a bit more info and background on thits hon...this isnt much to go on.
We both agreed to get an apartment. On the signing day I paid for the first months rent and signed the lease. On that day the boyfriend didn't sign. Howeva, we had and agruement and he called the landlord and told him that he wanted me off the lease. So, on June 19, he went to jail and I tried calling the landlord for him to let me in the apartment and that's when he told me that my boyfriend wanted me off the lease. The landlord never let me in. on June 25, he was caught with a female in the house and the police made her leave. The next day, he took it upon himself to change the locks. To keep he out since I told him that we wasn't getting back together. I've called the landlord on numerous occasions and he hasn't returned my phone calls. Now, I'm pursuing going to small claims court to see what can happen and what the outcome will be. That's the story.
ScottGem
Jul 13, 2009, 01:16 PM
One thing is not clear, when did you get the apartment? To sum up, you were illegally evicted. You signed the lease and its not clear whether the boyfriend ever did. In any case, you cannot be removed from the lease without your assent except for breach of the lease terms.
Generally a rental lease does not allow the tenant to change the locks without the landlord's permission. So, if the landlord is aware that the locks were changed and did nothing about it, the landlord can be held liable.
So go ahead an start a suit, naming both the boyfriend and the landlord for illegal eviction. Sue them for all the costs involved in living expenses while you are being denied access to the apartment and your belongings.