[aemitchell86]

If a lease has expired and the tenant and occupants are now paying month to month with no verbal or written agreement, can the tenant go to court to have an occupant evicted?

[Fr_Chuck]

Where is, also normally the other clauses of the lease are still valid, just changes to a month to month. But not enough informaton, as to who they are, their relationship and more.

[aemitchell86]

Where is, also normally the other clauses of the lease are still valid, just changes to a month to month. But not enough informaton, as to who they are, their relationship and more.

Well, my ex boyfriend and I had an apt but could no longer afford it, ended up being an eviction so we found a house we fixed up for cheaper rent and me being scared about the eviction I let him put his name as the tenant and our 2 kids and I were listed as occupants. The lease recently expired the beginning of the year and we haven't even spoken to the landlord about it, ust been dropping off cash to him as we always have. Now things aren't going so well for my ex and I and he wants me to move out but he hasn't worked since we met so obviously all the renovations and bills were paid for by who? Me. So your saying that the expired lease still applies?

[joypulv]

Law goes by state in the US. But in general you are either:
1. Now in a rollover of the old lease, with terms all the same, but this has to be stated on the old lease. OR
2. Now a month to month tenant, if there is no rollover provision in the old lease.

Never ever 'drop off cash' for rent. Your ex can go to court to have you evicted. You can fight it. Your landlord can have both of you evicted, especially if you have no proof of rent. What I would do (assuming this guy is the deadbeat you say) is go to the landlord and ask him to sign a lease with you, after giving notice to your ex to leave. State laws vary by 15 to 60 days for this.

[AK lawyer]

If I am reading this correctly, your BF wants to end the relationship and force you, an "occupant" out of the month-to-month premises. Yes, he can, if he gives you appropriate written notice to quit. If you don't move within that time, he can go to court to force you out.

But if he isn't working, and cannot pay the rent himself, why would he do that?

[ScottGem]

As noted, all the terms of the lease remain in effect except for term and rental amount. And the rental amount remains until the landlord changes it.

This means that your boyfriend is still the sole leasee, That makes him your landlord. As such he can have you removed by following the legal process in your area.

I agree with joy about talking to the landlord and seeing if he will renew the lease with you as the leasee or at least jointly with your boyfriend. If you are listed on the lease then only the landlord can evict you.

[aemitchell86]

Thank you all so much for your responses. I am calling the landlord first thing after the holiday to have him write up a lease for me.

Update: the ex has decided to leave but I don't want to risk anything so I'm getting a new lease if I can.