I have 2 sisters who's one year lease expired on February 7, 2011. The lease automatically went month to month. I want the "good" sister to stay and have given the "bad" sister 5 weeks notice to move. The 5 weeks expires March 6, 2011. She has not starting packing anything. The "good" sister also wants her to move. If I have to go to eviction court, do I have to take both sisters? The "good" one wants a new lease with just her name. I live in Brooklyn, OH.

Yes, evict them both and then enter into a new lease with the "good" sister.

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Originally Posted by JudyKayTee

Yes, evict them both and then enter into a new lease with the "good" sister.

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I don't know that it makes any difference.

But if you want to sign a lease with the good sister, make it clearly a condition precedent that the bad sister is out before the lease goes into effect.

I don't want to take both to court. If it is on a month to month, can't I take just the "bad" to court? The "good" doesn't deserve to have an eviction on her report.

I'm thinking joint tenants, month to month. In NY you cannot evict ONE of the joint tenants because the two are a package of tenants (for lack of a better phrase).

You have to evict both on paper. The "bad" one has an order to leave. If she doesn't, you enforce it. The "good" one doesn't. She doesn't move, landlord does nothing.

- at least that's how it worked when I evicted joint tenants, again, in NY.

When two debtors are jointly and severally liable to a creditor, the creditor may file suit against one, the other, or both. It's the creditor's choice. I would think it would work the same way in this situation, and can think of no reason why it would not.