[cap212]

Boyfriend and I moved into new apt in Dec. 09. He is listed as tenant and I'm occupant. We broke up in January and he has given me 30 day notice. When we moved in I had no job and no income (had been laid off in November) and we agreed that he would pay rent and I'd pay utilitites and buy food which I've done. He gave me a handwritten 30 day notice for failure to pay rent when I've never paid rent and there was no agreement. Can this be done and what are my options? I've just went back to work and I want to move but it will take a little time to save money. Thanks!

[JudyKayTee]

My feeling is he want you out and "she's my girlfriend but we broke up" isn't grounds in your State. You can certainly go to Court and argue against the eviction at which time he'll insist you enter into an agreement to pay rent if you stay.

Is it your intention to stay in the apartment and pay for utilities and food even though you are no longer a couple?

Have you been paying the utilities and food as you agreed to do in exchange for rent?

It will be your word against his.

[cap212]

Well he says that he will say that I failed to pay rent. But as I stated, there was NEVER a rental agreement because I wasn't working. I do want to leave but I just need time to get it together as this all took me by surprise. I do have proof of the utilities because they are in my name (his lights were turned off due to non payment at his old apt). I just don't want to come home and find my stuff outside one day. Although he says he wouldn't do this his attitude changes from day to day. One day he says it's fine for me to stay till I can get on my feet and then the next day it's he wants me gone by the first part of February. I just want to know my right to protect myself. By the way we live in SC

[JudyKayTee]

I can't just put your "stuff" out - he needs to get an Order of Eviction which would be served on you.

If he intends to go to Court and lie and you want to stay, then you have to appear. Your agreement was you would pay utilities and food and he would pay rent. You kept up your end of the bargain. Now he's lying.

The Judge will believe one of you.

[cap212]

I have another question along these lines... how do you differentiate between being a tenant or a cohabitor (meaning that you're living together as boyfriend/girlfriend). Are the "rules" different for these types of situations because technically speaking he is not my landlord and I entered into no agreement with him to pay rent. Thanks for any help with this.

[JudyKayTee]

You are still technically his tenant with an agreement that he pays rent and you pay utilities/food. If you want to stay there, I'd challenge the eviction.

Let a Judge sort through it all - you have nothing to lose.

[ScottGem]

Since the lease is his name, you are his tenant, even though you are listed as occupant. With no lease, you are a month to month tenant. He can give you 30 days notice to vacate. Doesn't have to be for non-payment.

But he can't throw you out without an eviction order.