Can I kick out someone who's name is on the lease as someone who is staying in the house with me but signed the bottom? My name is at the top of the lease though as tenant

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Originally Posted by jessica1216

Can i kick out someone whos name is on the lease as someone who is staying in the house with me but signed the bottom? My name is at the top of the lease though as tenant

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No, top or bottom means nothing. Their name carries equal weight to your own. The only way you can get the lease changed is with the consent of all parties involved INCLUDING the landlord.

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Originally Posted by smoothy

No, top or bottom means nothing. Their name carries equal weight to your own. The only way you can get the lease changed is with the consent of all parties involved INCLUDING the landlord.

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I'm not sure I would agree. I guess I would have to look at the document. If it clearly recites that OP is the only tenant, if the landord understood this at the time, and if all of the circumstances would explain that the housemate signed as someone other than a lessee, OP would have a case. For all I know, the other person put his name to the document, unasked, some time after the deal was closed.

I agree with AK. Without seeing the document it is impossible to tell for sure. I would ask your landlord whether he considers this person a co-leasee or what. That can give you a clue how to proceed.

In any event, you can't "kick" them out. The legal process for eviction must be followed.

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Originally Posted by AK lawyer

I'm not sure I would agree. I guess I would have to look at the document. If it clearly recites that OP is the only tenant, if the landord understood this at the time, and if all of the circumstances would explain that the housemate signed as someone other than a lessee, OP would have a case. For all I know, the other person put his name to the document, unasked, some time after the deal was closed.

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I was assuming according to the OP's post both signed it but they had signed it first as if who's name came first mattered. If they can clarify better for us it will be helpful.