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Getoutnow2014
May 22, 2014, 12:03 PM
My ex-girlfriend will not leave because she says she is on the lease,true. But myself has paid the rent for a year so there are no worries that she would end up owing back rent. So to me there should be no problem with her leaving. But she told me she is staying so I will flip out and she can call the cops on me to get arestraining order on me so I can't come back. Please let me know how I can get her out so I can live in peace

smoothy
May 22, 2014, 12:09 PM
You don't. If her name is on the lease... But its been a year... hasn't the original lease expired or did you sign a new one yet?. while the terms of it stay in effect if you have gone month to month... you could get a new lease in your name alone with the landlord... THEN something could be done...

Start making her pay her half of everything, rent, utilities, food etc... and sue her for it if she doesn't... her name is on the lease, you would have grounds to do that unless you foolishly signed something saying she would never owe you anyhting.

ScottGem
May 22, 2014, 01:06 PM
If she is on the lease then she has a right to be in the apartment. Only your landlord can evict her. And she is right, if you get violent she might be able to get a restraining order against you forcing you out, but with the responsibility to continue to pay your share of the rent.

In addition, the lease probably makes each of you responsible for the whole rent so even if you paid your share and she doesn't, you could still be evicted.

I would highly recommend talking to your landlord. Work with him on forcing her out. It may be that he would be willing to evict just her (you may have to foot the bill for that). Or he can evict both of you, but agree to sign a new lease with only you.

AK lawyer
May 22, 2014, 01:47 PM
I have a strange feeling that the girlfriend asked about this situation here a day or so ago. But I don't see it now. :)