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    dstrunk26's Avatar
    dstrunk26 Posts: 3, Reputation: 1
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    #1

    Sep 16, 2013, 11:02 AM
    Does a roommate and her child have rights if they are not on the lease?
    My friend and her small child have been living in a home with another individual. This is a roommate situation. The landlord is aware and has no problems with the mother and child residing in the residence. The lease however is in the individuals name only and he is trying to kick the two out, refusing to even let her have any help on the property to pack and move and making other ridiculous demands. Does she have any rights at all? She's been there for six months and receives mail at the residence. Can anyone help?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Sep 16, 2013, 11:06 AM
    He has to go through proper eviction notification for the state they reside in.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Sep 16, 2013, 11:19 AM
    Even though she is not on the lease she is considered a tenant (a subtenant of the person named on the lease) and she cannot just be kicked out. The person whose name is on the lease (the sublandlord) must give her the proper amount of written notice as required by their state and must file a lawsuit for eviction if she doesn't move out within that time.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Sep 16, 2013, 12:01 PM
    She needs to gather her proof of being there, such as mail with the address, and keep them with her at all times, and call the police if he locks her out, or throws out her belongings.

    He has to go through a formal eviction, unless there has been violence against him and he can get a restraining order against her or her child (assuming an older child). Then she does have to stay away, and get a police escort to remove her things.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 16, 2013, 12:25 PM
    As noted, she is HIS tenant and he is HER landlord. She has all the rights of any tenant and he has all the responsibilities of any landlord.

    If he wants her out, he has to go through the proper process. To detail what that process is we would need to know the general locale.

    And it's a good idea for her to keep proof og residence with her at all times, in case he does try to lock her out.
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