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RAYSCAR57 · Mar 8, 2007, 07:28 AM

My mom and her b/f were both put on a lease for an apartment they rented.They got into an argument and removed her from the lease without her knowledge and then pack her things in garbage bags with cat feces and some things were damaged.

My two questions are: #1:Can he remove from the lease without her knowledge
Legally? #2: Can he charged with detroying her property or be liable? :confused:

ScottGem · Mar 8, 2007, 07:33 AM

#1 No
#2 Yes

If she was on the lease and new lease can't be executed without her consent.

If her property was damaged she can take the boyfriend to small claims court. However, even if she does win, she will probably have a hard time collecting.

RAYSCAR57 · Mar 8, 2007, 07:49 AM

Thank you that helped a lot... So if her name is on the lease can he kick her out..?

ScottGem · Mar 8, 2007, 08:04 AM

He might be able to file eviction proceedings against her, but he just can't kick her out. At least not legally.

RAYSCAR57 · Mar 8, 2007, 08:42 AM

He just told he removed her from the lease and told her to leave... No eviction nothing and when she got her things (which she's still going through) they wre damaged and some destroyed...

ScottGem · Mar 8, 2007, 09:16 AM

Like I said, he can't do that, but let look further at what her options are.

She can go back to the apartment tell him the apartment is part hers and that he can't just remove her. Or she can cut her losses and find someplace else to live. Does she really want to go back there?

As for the damage, again she can sue him. She can sue for the damages to her property, the expenses for finding a new apartment, etc. She will probably win since he illegally evicted her. But once she wins, she has to collect. Now she could garnish his salary or attach his back accounts if she knows them.

RAYSCAR57 · Mar 8, 2007, 09:19 AM

Thank you so much

landlord advocate · Mar 8, 2007, 01:21 PM

If both names are on the lease, they have equal use and responsibility for the property. The ONLY person that can evict is a judge/magistrate/court. Please understand that if she leaves the property she is still responsible for the rent every month until the lease is over or another tenant takes over the property. Any damages to the property is also going to be her responsibility. I am not suggesting that she return, but walking away is not the answer either. If he does not want her to live there, and he is willing to be the only one on the lease, and the landlord is willing to end the current lease and start a new one with just him on the lease, that would be suggested. Otherwise, if there is fear of bodily harm, I suggest she file for a restraining order. Walking away from the rental property can cause financial hardship. She needs to weigh the consequences of her actions carefully.

redpepper53 · Apr 26, 2007, 04:12 PM

If her name is on the lease or agreement and she is willing to walk away she needs to give the landlord written notice and do an inspection walkthrough with the landlord or a representative of the landlord so as to be no longer responsible for any rent or damages