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chicago09 · May 19, 2009, 04:36 PM

I'm listed on the lease agreement as an Occupant. Now the person on the lease says they want me out. Since my name is listed on the Lease as an occupant I feel I have legal rights to stay but don't know to what extent. I've searched for answers because I know this person will need "proof" that I am legally allowed to stay. They don't currently live here either, their name is just on the lease. What are my rights??

this8384 · May 20, 2009, 07:01 AM

What state is this in? Who signed the lease with the landlord?

If the other tenant isn't residing there, why do they not want you to live there either? Have you spoken with the landlord about writing up a new lease in your name only?

excon · May 20, 2009, 07:13 AM

Originally Posted by chicago09

I'm listed on the lease agreement as an Occupant. I know this person will need "proof" that I am legally allowed to stay.

Hello c:

You are a month to month tenant. You have the right to stay until you receive a 30 notice to vacate. It's state LAW.

excon

this8384 · May 20, 2009, 07:15 AM

Originally Posted by excon

Hello c:

You are a month to month tenant. You have the right to stay until you receive a 30 notice to vacate. It's state LAW.

excon

What I read into the question is that the other tenant wants the OP out, not the landlord. I think they're asking if the other tenant has any legal right to evict them.

excon · May 20, 2009, 07:21 AM

Hello this:

I saw that too, but he's not listed as a tenant on the lease, but rather as an occupant... So, I can't truly tell WHO his landlord is. I guessed that it was the roommate. But, it was only a guess.

excon

ScottGem · May 20, 2009, 07:31 AM

An occupant is NOT a leaseholder so is subject to control of the leaseholder. If the leaseholder wants the occupant out then they have to go through the formal eviction process as if the occupant were a month to month tenant with the leaseholder as the landlord.

chicago09 · May 20, 2009, 11:50 AM

The lease has 3 more months on it. The "tenate" wants to move in but wants me out in order to do that.

I am listed as an occupant on the lease. The landlord is a third party that has nothing to do with the tenate's wishes. I am going to check on transferring the lease to my name.

Also, I paid the tenate the security deposit (in check form). Isn't he obligated to give me the security deposit back since Im the one who covered it (I can prove it with the check stub).

Thanks for the eviction info. Im gathering since I am an occupant I have a lot of the same rights as the tenate when it comes to evictions.

ScottGem · May 20, 2009, 11:58 AM

Sounds to me like you are a sublet. But since the lease is existing then you can't ask the landlord to have you sign a new lease until the existing one expires.

The fact the lease has months to run is immaterial to you since you are not the leaseholder. You do have the right not to be summarily thrown out. The formal eviction process has to be followed.