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-   -   Eviction (https://www.askmehelpdesk.com/showthread.php?t=669448)

  • Jun 11, 2012, 01:44 AM
    mrparadise
    Eviction
    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.
  • Jun 11, 2012, 03:14 AM
    somethingsarah
    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.
  • Jun 11, 2012, 03:31 AM
    ScottGem
    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.
  • Jun 11, 2012, 03:52 AM
    mrparadise
    Quote:

    Originally Posted by ScottGem View Post
    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
  • Jun 11, 2012, 04:54 AM
    ScottGem
    Quote:

    Originally Posted by mrparadise View Post
    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.

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