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Patience1974 · Aug 9, 2012, 06:36 AM

Can my landlord kick me out of home or off lease because my boyfriend wants me out of the home

RickJ · Aug 9, 2012, 06:54 AM

Do you have a written agreement with your landlord?

Patience1974 · Aug 9, 2012, 07:00 AM

We have a standard legal 1 year lease with them. We have been there about 3 months

LisaB4657 · Aug 9, 2012, 07:36 AM

If you signed the lease as a tenant then the landlord cannot evict you unless you have violated the lease in some way.

If you are not on the lease as a tenant then, depending on the state, the landlord can terminate your tenancy with 15 or 30 days written notice and have you evicted if you don't leave.

Patience1974 · Aug 9, 2012, 07:40 AM

I am def on the lease it says just the two of us to reside in home and nobody else. We both had to sign plus are own copies. All the bills are in his name. He paid all the bills because that was the agreement moving in. If I stay even though he doesn't want me to. Does this mean I now have to start paying? Is there anyway that he can try and kick me out?

Originally Posted by LisaB4657

If you signed the lease as a tenant then the landlord cannot evict you unless you have violated the lease in some way.

If you are not on the lease as a tenant then, depending on the state, the landlord can terminate your tenancy with 15 or 30 days written notice and have you evicted if you don't leave.

Patience1974 · Aug 9, 2012, 07:42 AM

I have not violated the lease in anyway. He is very sneaky is there anything that he can do to start an eviction process?

RickJ · Aug 9, 2012, 07:46 AM

If you are on the lease then the lease probably says (but read your own copy) that you are jointly and severally liable. That means you are both responsible. No, your landlord cannot evict you just because your boyfriend wants you out. Read your lease. If you feel like you are being evicted without just cause, then get an attorney. If you cannot afford an attorney, show up on the court date and plea your case to the judge or magistrate.

LisaB4657 · Aug 9, 2012, 07:47 AM

If you are listed on the lease as a "tenant" and not just an "occupant" then you can't be evicted unless you violate the lease. However if you don't have an agreement in writing with him that he will pay all of the rent and bills then he can sue you for half of the rent and bills.

From what you've said here it doesn't sound like he can just kick you out but I strongly recommend that you start looking for a new place to live immediately.

Patience1974 · Aug 9, 2012, 07:50 AM

First of all I want to say thank you for the info. There hasn't been anything filed yet to my knowledge and I haven't even heard anything from my landlords about this situation. These are just things he has said. However I would not put it past him to go above and beyond to do whatever it takes. I believe the lease states exactly what you said. So it sounds like the only way would be if the landlords wanted to evict us both... I don't know what reason they would have. I just want to make sure that I am safe and covered. Thanks for any info again.

Patience1974 · Aug 9, 2012, 07:55 AM

I am also wondering if the lease states that just the 2 of us can reside in the home does that mean it would be breaking it if anyone else moved in? Friends kids, family.. anyone?

LisaB4657 · Aug 9, 2012, 07:59 AM

Usually immediate family members such as children are allowed. Friends would probably be a violation.

Patience1974 · Aug 9, 2012, 08:04 AM

There is the problem... I can't move out for soooo many reasons. Plus I love the home. I just want to know that I am safe as far as I will have a home to come home to. I have read that Landlords don't need a reason to evict they just can. So I was wondering if they could do that to either of us or both of us.. Believe you me if I could just up and walk away I would this person is out of control,

RickJ · Aug 9, 2012, 08:10 AM

Patience, the landlord cannot evict you without a reason. It sounds like you want or need to move. Sounds like a situation that you need to get out of. Do that.

Patience1974 · Aug 9, 2012, 08:13 AM

Thank you for the info. I guess I will stand strong until I can find a better situation. You all have been great! I have never used a site like this before and it has been very helpful. BTW how does everyone know this... I did think that this was the case but never have been through it? Is there a legal site that states all this as well? Sorry. I hope I am not that babbling idiot on here.

LisaB4657 · Aug 9, 2012, 08:19 AM

LOL! All of us have some level of expertise in different areas based on our past experiences.

I happen to be a real estate attorney in NJ.

Patience1974 · Aug 9, 2012, 08:21 AM

Lisa, That is pretty much what I thought. Sometimes life experience is the best teacher. Thanks for the help. You have been great! :)

LisaB4657 · Aug 9, 2012, 08:49 AM

My pleasure. Good luck!

Patience1974 · Aug 16, 2012, 06:10 AM

So My boyfriend and I just recently broke up. He keeps telling me that he will move out yet he hasn't.
He has went to our landlord and asked to be released from our lease but I guess they don't want to because he makes more money then me... Even though he hasn't paid a single bill and blows all his money. Yet they have no clue of this. They think it all comes from him.
Regardless now he is telling me that he will be out next week but he inst paying this months rent. I do want to keep the home and have someone else to live with me so that we can afford it.
Does the landlord have the right to do anything about this or what moves do my ex and I need to make to just end this entire situation? He makes all sorts of threats and has done some horrible things to me, but I am not one to go to the police. I think the less drama the better. Tho I have everything documented so if he pulls any crap I can show what he actually is and does.
Do I have a leg to stand on here?

JudyKayTee · Aug 16, 2012, 06:16 AM

Originally Posted by Patience1974

So My boyfriend and I just recently broke up. He keeps telling me that he will move out yet he hasn't.
He has went to our landlord and asked to be released from our lease but I guess they don't want to because he makes more money then me... Even though he hasn't paid a single bill and blows all his money. Yet they have no clue of this. They think it all comes from him.
Regardless now he is telling me that he will be out next week but he inst paying this months rent. I do want to keep the home and have someone else to live with me so that we can afford it.
Does the landlord have the right to do anything about this or what moves do my ex and I need to make to just end this entire situation? He makes all sorts of threats and has done some horrible things to me, but I am not one to go to the police. I think the less drama the better. Tho I have everything documented so if he pulls any crap I can show what he actually is and does.
Do I have a leg to stand on here?

The August rent is unpaid? Or are you saying he has no plans to pay September's rent?

What is it you want to accomplish? He pays the August rent? He pays September? He gets out immediately and you stay with a new roommate? He isn't released from the lease?

I don't know what kind of "horrible things" he has done BUT if you get a protective order he will be technically evicted because he can't be near you - or where you live.

I have asked that your threads be combined - https://www.askmehelpdesk.com/real-e...ml#post3229279

Patience1974 · Aug 16, 2012, 06:22 AM

So he hasn't paid August... The deal was when we moved in that he would take care of all the bills. Knowing that he was the bread winner. He promised that he had turned himself around and could do this... Needless to say I or other people have helped him pay the bills since we have moved in because he has blown his money on other "habits" that I guess he never really had under control. So August needs to be paid and I am pretty sure he won't pay it and I at this point do not have the money to do this because I wasn't planning on everything that went down in last 2 weeks.
I def could get a restraining order against him, but I just don't want to be that ugly. Tho he clearly doesn't care.
If my landlords don't want him to leave but want me to is there anything sneaky that they could do together to get me out?
I will be speaking with them but as of right now they have only talked to him and who knows what kind of bs he has told them,,