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How to kick my boyfriend out and keep the apartment if his name is on the lease?
I've been wanting to break up with my boyfriend for awhile now, but my issue is I'm afraid that when I do he will refuse to leave and tell me I should leave even though he can't pay the rent. He used to work at the same place I did but got fired & he's been jobless for 9 months since & there's no end in sight. I work at a fast food place paying all our bills & I'm done with it,there are other issues I won't go into, but suffice to say I want to end it with him. However his name is on our lease and I've read that you can't immediately kick someone out whose name ISNT on the lease, so I don't know what I can do. I don't have the money to break our lease and find another place so if I left I would have to move back home which I don't want to do but I also know that if I do leave he will most likely just wait till he gets an eviction notice and then just move back in with his mom & if that happens then the landlord can take us BOTH to court since MY name is also on the lease. Since I would no longer be paying rent or bills I would be able to pay the money my landlord wanted but it would be a huge mess & in the end neither of us would have the apartment. It's a decent place that's close to my college and in walking distance from my job, back home I would have to take two busses and a train to get to work/school and I don't want that. Is it possible that the landlord would remove him from the lease since my name is on all the checks? I know it's not likely.
51 Antworten
- DavidLv 6vor 5 Jahren
That's a tough situation. I would probably ask the LANDLORD for help. A lease offers legal protection for both the landlord and the tenants. But it's not set in stone. The lease can be terminated at any time, if the landlord and tenants agree. If the landlord is aware that your boyfriend is unemployed, then she will not WANT his name on a lease anymore. So essentially (and I think the landlord will see it this way)...the issue is now between just you and the landlord. Sure, your boyfriend could object, stating his name is on the lease. But he would be foolish to do so. Think of it this way...if the boyfriend raises a stink...then the issue goes to a judge. The first thing the judge does is asks your boyfriend to provide proof that he has paid the rent every month, on time.
IN other words, if your boyfriend has any brain in his head at all, he would NOT object to your landlord terminating the lease. Because legally, he has not fulfilled his part of the lease anyway... (He has no leg to stand on)
I think the best case scenario would be that your landlord terminates the current lease, and that then he/she enters a new lease with you. Maybe on a different apartment. Good Luck...
- vor 5 Jahren
The only thing you can do is to stay until the lease has ended, since both of your names are on the lease agreement. You have already entered into a lease agreement, the landlord doesn't care that he lost his job. All the landlord is concerned about is the monthly payments until the lease agreement has ended for the year. What you can do is ask your boyfriend to leave and have his name removed off the lease agreement. Get it in writing. If your boyfriend will not agree you may just have to move out and leave him there. He will get evicted if he doesn't leave and the landlord may or may not come after you. He may just keep your deposit and rent to someone else if your boyfriend just leaves and doesn't try and stay till eviction to avoid the legal fees, just depends. I would just wait one day when I know he was going to be gone and move everything out of the house....I mean everything and put his stuff in storage for one month. I'm sure when he comes home to an empty apartment he'll leave. Then make arrangements for him to get his items. You'll just have to be prepared for the consequences if you decide to leave. Guess it depends on if you can stay until the lease is up. Good luck to you.
- Big Deal MakerLv 7vor 5 Jahren
What ever you decide do not get an eviction that will come back later on you and it will be real hard to rent a place. Sit down with the soon to be x boyfriend and talk it out. Let him know how things are and you would like him to move out or you will move out. Let your landlord know what is happing. Give them a 30 days notice even though you are on that lease. They would rather have a paying tenant and not need to take you to court. The other way is to ask the landlord what the new rents will be and ask if you can advertise the unit to have someone rent it and this way you can go without any problem down the road. Talking it over with your manager/landlord is the best way to go about things.
- WhoLv 7vor 5 Jahren
you cant- only the landlord can
In a word you are f//ked
the landlord can take either of you to court or both of you- its his choice
Since landlords aint stupid (joint tenants are the stupid ones) then he aint going to waste money taking somebody who aint employed, or got any money, to court when they aint got any money to pay him
so THAT rules out your bf - leaving YOU
As far as the landlord is concerned there aint no mess - you leave, your bf dont pay rent but f//ks up the place until he gets evicted
YOU are the only one going to be in a mess when the landlord sues YOU for the rent and damages, leaving YOU to sue your bf
Would the landlord remove him from the lease cos you are paying the bills?
Dont be silly- if the lease is still in force he cant, and if it aint why should he? - YOU are paying the rent
Dont matter what you do- while he is there and unemployed YOU are f//ked
and even if he does get a job he STILL dont have to pay any rent to the landlord
Too late now - but NEVER sign a joint lease with ANYBODY before you consult a lawyer on the problems you can get into
This COULD have been the best money you could ever have spent
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- Anonymvor 5 Jahren
This is indeed a sticky situation. This is why it's a bad idea to cohabitate with a partner without a plan of escape.
There are two separate potential legal conflicts here- one between you and your landlord, the other between you and your boyfriend soon to be ex.
Non sequiter here, but a note: Even if someone isn't on a lease, you can't simply kick them out- there is still a legal process you need to go through. (That is why squatters can be such a legal tangle).
Tell HIM he has to leave for non-payment of rent, in writing. The legal issue is between him and you, for failure to adhere to a contractual obligation to fulfill his portion of the rent. (Be it verbal between you and him, or in writing on the lease). When he leaves, do you have a replacement or can you cover the rent alone?
If he is not paying rent or bills you can serve him notice. Check your state laws. Or you can ask your landlord to do this, but since you and your BF are on the lease, legal action technically is against both of you. So you need to call him out on the fact he isn't paying rent.
- vor 5 Jahren
Lol you should leave and fast because he has nothing to lose and every power to kick you out since he has the apartment on lease in his name and can easily get a job that pays minimum and clear his bills.You are doing nothing he can't do remember that if I where you I would find a place and fast and leave him free and clear while you can and not be a smarty pants
- loanmasteroneLv 7vor 5 Jahren
Is your name on the lease or not? You have have indicated you have read some where that you are not able to kick anyone out immediately if there name is not on the lease
Toward the end of your statement you indicated the landlord would take legal action against the both of you because your name is on the lease.
If you and your boyfriend are unable or refuse to pay your rent, you would be given a notice to move within the time frame allowed in your state to move. Normally this time frame is 3-5 days, after which the landlord would seek a legal eviction if you fail to move. Once the landlord has a legal eviction signed by a judge would could have 10-30 days in which to move,
Failure on your part to move would cause a local law enforcement agency to come to your rental place and have you move all your personal items out of the rental.
This eviction would also appear on your credit and background check for 7-10 years.
If you move, you would be breaking the lease, your name appear on the lase agreement.You would be required to pay for breaking this lease.
If you want to rent an apartment in this complex, you would be required to make an application through the
property manager or landlord. You would need to be approved to stay there. You would have to prove you are financially qualified to rent in this rental complex.
You have indicated in your statement you are not able to financially able to do this.
Since this is the case your options are
#1. Move back into your parents home as you have indicated.
#2. Remain in your current situation and remain where you are.
I hope this has been of some benefit to you, good luck.
:FIGHT ON"
- vor 5 Jahren
Regardless of your personal problems you loved him once so take a step back and remember that he has rights as does your landlord. You can't just make decisions as if you own the place. Ask your landlord if he'd be willing to rewrite your contract and give your boyfriend a notice to move. If so he could be out in 30-60 days. If not you give notice and move in with your folks and save money. Accept the difference between your fantasy life and the reality of your situation. Good luck.
- dollyLv 5vor 5 Jahren
As long as you pay the bills and the rent he is not going to leave. Has he tried to collect unemployment? He should get unemployment but will be penalized a few weeks. The best thing is for one of you to leave. He will eventually get evicted if you move out since he is unable to pay the rent. Your landlord is not going to kick him out as long as the rent is being paid each month. The best thing is for you to leave even if you have to live at home until you save some money for another apartment. Tell him if he does not find work within a set time frame that you intend to move out and he will be homeless since he has no job. Ask him if he is ready to put himself in that kind of situation!
- sunshine_melLv 7vor 5 Jahren
You can't. If he's on the lease, he's allowed to live there for as long as the lease is valid.
To remove him from the lease, you'll need the written agreement of everyone else on the lease - ie you, him, and the landlord.