Ask Experts Questions for FREE Help !
Ask
    jessica1216's Avatar
    jessica1216 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 28, 2012, 07:59 AM
    Signed lease
    Can I kick out someone who's name is on the lease as someone who is staying in the house with me but signed the bottom? My name is at the top of the lease though as tenant
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
    		  
    #2

    Jul 28, 2012, 08:15 AM
    Quote Originally Posted by jessica1216 View Post
    Can i kick out someone whos name is on the lease as someone who is staying in the house with me but signed the bottom? My name is at the top of the lease though as tenant
    No, top or bottom means nothing. Their name carries equal weight to your own. The only way you can get the lease changed is with the consent of all parties involved INCLUDING the landlord.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #3

    Jul 28, 2012, 08:33 AM
    Quote Originally Posted by smoothy View Post
    No, top or bottom means nothing. Their name carries equal weight to your own. The only way you can get the lease changed is with the consent of all parties involved INCLUDING the landlord.
    I'm not sure I would agree. I guess I would have to look at the document. If it clearly recites that OP is the only tenant, if the landord understood this at the time, and if all of the circumstances would explain that the housemate signed as someone other than a lessee, OP would have a case. For all I know, the other person put his name to the document, unasked, some time after the deal was closed.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jul 28, 2012, 10:12 AM
    I agree with AK. Without seeing the document it is impossible to tell for sure. I would ask your landlord whether he considers this person a co-leasee or what. That can give you a clue how to proceed.

    In any event, you can't "kick" them out. The legal process for eviction must be followed.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
    		  
    #5

    Jul 28, 2012, 10:24 AM
    Quote Originally Posted by AK lawyer View Post
    I'm not sure I would agree. I guess I would have to look at the document. If it clearly recites that OP is the only tenant, if the landord understood this at the time, and if all of the circumstances would explain that the housemate signed as someone other than a lessee, OP would have a case. For all I know, the other person put his name to the document, unasked, some time after the deal was closed.
    I was assuming according to the OP's post both signed it but they had signed it first as if who's name came first mattered. If they can clarify better for us it will be helpful.
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!

I signed a lease and the landlord signed the lease. Now he does not want to rent it [ 3 Answers ]

I sign a lease and the landlord signed the lease now he say he doesn't want to rent it to me, can he do that

Can a landlord ask for more addendums to be signed after lease signed [ 1 Answers ]

After lease accepted and signed by both parties and earnest money accepted the landlord has requested a new bankruptcy addendum be signed which we would prefer not to sign do we have to in order to keep the lease valid?

I have never signed a written lease or never signed a verbal lease agreement.. [ 5 Answers ]

I been staying in my home for a year now.. landlord never told me how much rent I was paying... I never signed a lease or a verbel agreement about how much rent was... my landlord never came and fix anything in the home... I paid for everything to be fix... such as windows... rewiring the electric...

Student Housing lease signed, no lease or security deposit. Can I cancel lease? [ 2 Answers ]

I have a student housing house. I require a $200 non-refundable lease deposit within 15 days of signing the lease (in this case it was due March 15). A $300 secutity deposit due June 1, and the rent less the lease deposit due August 28. I have a student that signed the lease, but never sent...

View more questions Search