Girlfriend and children living with me; relationship combative.

Question, if its YOUR apartment... why do THEY have a lease with their name on it?

If it's a rental you do not own and you are not on the lease then you are out of luck... at that point legally it's their apartment assuming they abide by all terms of the lease they have with the landlord.

We need clarification here.

girlfriend and children living with me; relationship combative.

The way this works is this: you put thel subject of the thread in the heading and put some details, as well as a specific question for us, in the body of your first post. We try to answer you or ask for more information in our responses, and you clarify.

So from the subject of the thread I gather that you want to evict someone. The clause "their name on lease as occupant" suggests that a landlord leased it to them, not you, but didn't know their name so he simply wrote "occupant". That doesn't seem plausible, so let me take a wild guess here: you are one of the lessees, and the lease also identifies them as co-lessees, but the LL didn't know who they were, so simply wrote "occupant". The note you put in the body of your post (where your question belongs) suggests that your girlfriend and her children are living with you, you don't get along, and you want to evict them.

As Smoothy has said, if they are co-tenants you don't have the right to evict them. But I would argue to the court that it's in fact not a co-tenancy but rather your lease alone, and the language "occupant" simply was the landlord's way of signifying consent that others live in the premises as well. If that is the case, they could be treated as sub-lessees and evicted as such.

It might be easier to get the LL to evict them, but I see nothing in this thread to suggest that anyone has violated the lease.

Hello B:

You are her landlord. Yes, I know. YOU'VE got a landlord too, but HE didn't move her in. YOU did. So, you need to evict her according to the laws of your state. It begins with a written notice. That, all by itself, might prompt her to leave. If not, go to court.

excon

PS> (edited) I just saw the part smoothy found. If she's listed as an occupant, YOU aren't her landlord. Your landlord is. He can't evict some of the tenants. He needs to evict them ALL.

As noted, if you use this site properly, you will provide us with more information in the body of the question. The subject is just for a brief description of your question.

Many leases are written to specifically name non leasees as occupants. But, in such cases they are not tenants and therefore not controlled by the landlord. You are allowed to evict them since you are their landlord, as long as you follow the rules for eviction in your area.