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potter85 · Dec 4, 2014, 11:47 AM

My girlfriend wants to kick me out. My name isn't on the lease and it's a housing unit based on income. My mail comes here an I've been here for about 3 months. She threatens that the housing authority will evict me in 5 days. I've tried to tell her I'm considered a sub tenant an I get a 30 day notice. Am I in the right for 30 days

AK lawyer · Dec 4, 2014, 12:32 PM

What makes you think you are a sub-tenant? Did you agree with her that you would pay her something to be able to stay there?

Is the housing authority her landlord? If so, it may be able to evict both of you, but it is doubtful that it can only do so after no more than a 5-day notice.

ScottGem · Dec 4, 2014, 02:53 PM

I agree with you, that you are her tenant and she is your landlord. Which means she has to follow local law in giving you notice to vacate.

The housing authority is not going to care who she sublets to, unless it is against her lease. So they will not evict you since you are her tenant.

joypulv · Dec 4, 2014, 03:27 PM

'The housing authority is not going to care who she sublets to?'

I disagree with the above. Housing authorities have all sorts of rights regular landlords don't, such as not allowing any extra people to live there without permission. Why? Because the TAXPAYER is funding part of the rent, and income limits are strict, for starters! It's likely that she will be evicted (not sure if they have to wait for her to be out of there to throw you out or not). Congratulations.

ScottGem · Dec 4, 2014, 03:55 PM

I think, if the Housing Authority is involved, then it is more likely that the leasee will be evicted (or course that means the OP will have to leave as well)

Fr_Chuck · Dec 5, 2014, 03:23 AM

The housing authority has something else they can do, if you are not legally on the lease or rental agreement, they can issue you a tresspass warming and have you arrested if you return to their complex.

It is a way, they get around eviction, if a person is not on the paper work, it happens often.

Next, she may also get evicted, for allowing you to live there, if she did not list you on the paper work,

But she can evict you, the courts will not care that you will be homeless