Ask Experts Questions for FREE Help !
Ask
    mrparadise's Avatar
    mrparadise Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jun 11, 2012, 01:44 AM
    Eviction
    Me and my girlfriend sign a lease for a year. Now the year is up can she kick me out. I don't pay rent I pay the utilities. Does she have to give me a notice or can she just kick me out. We live in san diego CA.
    somethingsarah's Avatar
    somethingsarah Posts: 4, Reputation: 0
    New Member
    		  
    #2

    Jun 11, 2012, 03:14 AM
    In nc if you signed the lease she can't kick you out. If the lease was up and you didn't sign it then yes.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jun 11, 2012, 03:31 AM
    It is unclear who you have a lease with. Did you both sign a lease with the landlord, or did you sign a lease with your girlfriend.

    In either case, you can't be "kicked out". If you are a co-leasee then you have equal rights to the apartment and neither can terminate the other's tenancy. If the lease expired the lease reverts to a month to month tenancy unless a new lease is signed.

    Even if you are her tenant, she has to follow the law to terminate your tenancy. This means given you a 30 day notice to vacate before filing in court for an eviction order.
    mrparadise's Avatar
    mrparadise Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Jun 11, 2012, 03:52 AM
    Quote Originally Posted by ScottGem View Post
    It is unclear who you have a lease with. Did you both sign a lease with the landlord, or did you sign a lease with your girlfriend.

    In either case, you can't be "kicked out". If you are a co-leasee then you have equal rights to the apartment and neither can terminate the other's tenancy. If the lease expired the lease reverts to a month to month tenancy unless a new lease is signed.

    Even if you are her tenant, she has to follow the law to terminate your tenancy. This means given you a 30 day notice to vacate before filing in court for an eviction order.
    We sign it with the landlord. We are month to month now. So is that Ca law? Thank you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jun 11, 2012, 04:54 AM
    Quote Originally Posted by mrparadise View Post
    We sign it with the landlord. We are month to month now. So is that Ca law? Thank you
    Not only CA, but every state. Only the landlord can terminate a tenancy. Since you are co-tenants she can't do anything about it. I believe the landlord would have to terminate both of you. The landlord might enter a separate deal with her where he allows her to sign a separate lease and terminate you, but you would still have to get at least 30 days notice.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Eviction [ 6 Answers ]

I have tenants with a month-to-month lease. The husband moved out and still residing are his wife and daughter. They have not paid all of Sept, any of October or November's which is due on the first. I have filed eviction and we have a court date coming up. They are habitually late and I am...

VA eviction notice.can we pay and stop the eviction [ 3 Answers ]

My son and his wife are living in VA in a rental house. Rent is due the 1st with a 5 day grace period. When they realized they weren't going to be have money for rent until the 18th (wife is a teacher and that is her monthly payday) she called the rental agent and explained. She was told that as...

Eviction in fl. [ 1 Answers ]

I relocated to fl. From ny. I have been paying my rent on time, until I ran into a financial issue. I have tried to get back on my feet, but it's really hard. My landlord taped a 3 day notice on my door, on sat. does the notice have to come from the marshall? This paper was printed off the...

Kentucky eviction law motion for eviction [ 8 Answers ]

Hi I really need help I bought a house for 30,000 from a lady we have just a one simple page contract basically states I paid 15000.00 dollars down In April 05' and then make payments of 400.00 a month for 36 months Contract has no sell as is in it because at time of sale we the lady homeowner...

View more questions Search