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mrparadise
Jun 11, 2012, 01:44 AM
Me and my girlfriend sign a lease for a year. Now the year is up can she kick me out. I don't pay rent I pay the utilities. Does she have to give me a notice or can she just kick me out. We live in san diego CA.

somethingsarah
Jun 11, 2012, 03:14 AM
In nc if you signed the lease she can't kick you out. If the lease was up and you didn't sign it then yes.

ScottGem
Jun 11, 2012, 03:31 AM
It is unclear who you have a lease with. Did you both sign a lease with the landlord, or did you sign a lease with your girlfriend.

In either case, you can't be "kicked out". If you are a co-leasee then you have equal rights to the apartment and neither can terminate the other's tenancy. If the lease expired the lease reverts to a month to month tenancy unless a new lease is signed.

Even if you are her tenant, she has to follow the law to terminate your tenancy. This means given you a 30 day notice to vacate before filing in court for an eviction order.

mrparadise
Jun 11, 2012, 03:52 AM
It is unclear who you have a lease with. Did you both sign a lease with the landlord, or did you sign a lease with your girlfriend.

In either case, you can't be "kicked out". If you are a co-leasee then you have equal rights to the apartment and neither can terminate the other's tenancy. If the lease expired the lease reverts to a month to month tenancy unless a new lease is signed.

Even if you are her tenant, she has to follow the law to terminate your tenancy. This means given you a 30 day notice to vacate before filing in court for an eviction order.

We sign it with the landlord. We are month to month now. So is that Ca law? Thank you

ScottGem
Jun 11, 2012, 04:54 AM
We sign it with the landlord. We are month to month now. So is that Ca law? Thank you

Not only CA, but every state. Only the landlord can terminate a tenancy. Since you are co-tenants she can't do anything about it. I believe the landlord would have to terminate both of you. The landlord might enter a separate deal with her where he allows her to sign a separate lease and terminate you, but you would still have to get at least 30 days notice.