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Dinios1112 · Mar 26, 2014, 09:23 AM

If my name is on the lease also? We moved to our new place of residence in November 2013 and I have paid the rent since we have been here. I am on disability for MS and I am on a fixed income. I pay out for Child Support which takes half of my monthly income. We also purchased a car together which is in my name and he is the co-signer, he doesn't have a valid driver's license, hence the car being in my name. Both of our names are on the Lease and he has had a relapse with his drug addiction and has told me to move out that he can't stand me anymore and wants me to take my name off the Lease. I have no place to move to and no the money to move. I have no Family or friends since they have all left me because of him. What can I do?

stinawords · Mar 26, 2014, 09:37 AM

He can not make you move if your name is on the lease. We are going to need a general location where you are such as state. I would talk to your landlord. He/she may have other properties that you could move to. I'm not saying this because you have to move but living with someone on drugs isn't ideal either.

AK lawyer · Mar 26, 2014, 09:44 AM

Also, it might be helpful to be clear on one thing:

"kick me out": Clearly he cannot physically eject you, without getting into trouble with the criminal law. Therefore I must assume you mean "Can he go to court and get the court to order me out?". And, as already answered, no. You are on the lease and have as much right to stay as he does.

smoothy · Mar 26, 2014, 09:46 AM

If both your names are on the lease... neither of you can have the other evicted. However... at the end of the lease you WILL be in a situation of having to pick up the full rent if the leaves at that time.

The only way your name would come off a lease is with mutual agreement between both of you AND the landlord... until then they have a legal and binding contract (the lease)... and its in their best interest to keep it. At the end of that lease... you can either sign a new one in your name only... if he goes... or he would sign in his only if you leave.

None of that other information has any bearing on what can and can't be done.

I would start saving money for that day now.

If he ends up in jail or whatever keeps him from paying his half...you might be paying the full rent until then.

ballengerb1 · Mar 26, 2014, 10:27 AM

Only your landlord can evict, not your roommate. You own the car and he owns the debt on it.

joypulv · Mar 26, 2014, 01:19 PM

What I want to ask you is why on earth you think he can make you move, kick you out, or take your name off the lease, and why you think the car and the child support have anything to do with a lease? You need a really big dose of self confidence!

DoulaLC · Mar 26, 2014, 01:30 PM

In addition to what has already been suggested... you may want to consider reaching out to some of those family members and friends who left you because of him. I would guess that many of them would be more than happy to help you out with leaving him and getting your feet back under you. You may have to apologize, depending on how things happened, but it would be a very small price to pay to have the support; something that you could really use right now.

ScottGem · Mar 26, 2014, 02:04 PM

First this doesn't belong under Family Law so I am moving it to Real Estate Law. It doesn't matter if he is your boyfriend or whether he co signed on a car or what. The key is that both your names are on the lease. Which means only the landlord can move to evict you.

Nor can he physically kick you out. This is your residence and you have as much right to it as he does. If he tries to remove you, you call the police and it is more likely he will be removed.