So I have a question. If my lease was up two years ago, and I never signed a new one, and I have been the one constantly paying rent for the past 5-6 months, and I can prove it, do I have to let my partner back in the house because he was on the original lease? Or am I able to kick him out?
It’s his place of residence lease or not
I think it depends on where you live. In Indiana, you have to give a 30 day notice if a person can prove that they are receiving mail at the residence. You could go ahead and sign a new lease without the partner.
If he receives mail he has thirty days witch you now have to go through the sheriffs depart and courts to get the right paperwork … I just went through this but I’m in was state
It depends on what state and if u are married or not
Ask your local sheriff dept or your property owner!!
Please contact your landlord and explain the situation. They should be able to but you only on the new lease. I do this stuff for a living.
Contact your landlord and request a lease renewal ASAP. The security deposit will be the only possible speedbump.
I would say it depends on where you are at. Where I’m at, we both sign the lease each year. If one of us didn’t then they would be off of it. In the same state, the company that rents to his parents automatically goes to a month to month basis each month after a year with no signatures required. In that case they would assume both people were living there that whole time regardless of who is “paying”. For all they know, it’s your agreement one pays rent and one pays everything else. I would talk to your landlord. For most of the time I’ve been living at my apartment, we’ve been paying through my boyfriends account (until we made it a joint) & he wouldn’t have been able to kick me out even though it looked like he was making most of the payments. (We deposited money to each other’s accounts for bills).
If ur in ny state if your lease ran out then you become a month to month tenant. And there is no lease to the original lease is void.now with that being said if he receives mail at that address then that would legally make it his residence. So what I would do is ask the landlord to renew your lease with only you on it and if he gets mail there return to sender. If you have him come back and he is there for 30 days and recieves mail then the only way to have him removed is by eviction
Depends… I was dumb and let my ex stay with me for a week. When he refused to leave, I called the police. In the state of Kansas, if they’ve been there for 3 days or more then you have to go through the eviction process. There was nothing the police could do to assist me, even though he had never been on the lease
Tell him you want him gone. Be an adult.
I think everything depends on what state and other stuff. Like on the lease was he the main lease holder? And you were co applicate, how long has he been gone for, is his stuff there and mail still going there?. I would talk to your landlord and a lawyer, every situation is different and every state has different laws.
They are a resident, it doesn’t matter if they are on the lease or not. You have to evict them.
Contact your landlord.
Every state has different laws, I suggest contacting your landlord about a new lease without the guy on it, so he has no legal claim to the place. In general though you do not have to let him back in if he has been gone a significant amount of time.
In texas you have to go to the court and file for eviction
Sign a new lease without him, then he doesn’t have a leg to stand on
Depending on where you live I’d say sign a new lease… and in most places you yourself have to legally evict them. If he has mail sent to your house and has for sometime it’s his legal residence
If a year lease expires, and then goes to a month to month tenancy ( which is how most year leases work) then anything stated in the lease is the same. But every state has different landlord/ tenant laws as well.
Sign a new lease by yourself. Then legally evict him.
If the lease expired it’s null and void
If you are renting month to month I would think the lease is still in effect so yes he is still on it but if he moved out notify your landlord that he does not live there anymore. But I would get a real legal answer before letting him back in.
All depends on the eviction laws of your state. Most states, once you establish legal residency somewhere, you have to go through the eviction process to remove them if they won’t leave voluntarily and that is not a quick process typically, and maybe next to impossible during the pandemic. Getting the advice of a real estate attorney that knows the laws in your state is your best course of action.
If he was on the original lease (California Law), you cannot kick him out without going thru an eviction process and then bring the proof you paid to court. I worked in this and accounting for over 22 years.
If someone moves out leaving you to pay rent has he reneged on the lease therefore he no longer fulfilling his legal obligation.
Once he has established residency, you would have to evict him. Be cheaper and a lot less headache to find your own new pad.
Have your landlord write up a new lease with just your name on it. Simple solution
Once a lease expires, it reverts, unchanged, to a month to month tenancy. If his name is on the original lease, he has legal access. Who pays the rent is immaterial.
If he has cloths or other in the house that he can prove is his no by law you can’t kick him and also the lease is still in his no you can’t regardless of how old the lease is or how much you paid on your own the problem comes in we’re the lease is not been renewed but still has his name on it
If you signed a 2 year lease. 2 years is up then you have no current lease. The one he was on is no longer valid. If it was you could sue him for his share of back rent.
I think you might want to get some professional help. Good luck!
If his name still on the lease yes he can he haves to go tell them he doesn’t live there anymore or you can try and ask him can you take his name off the lease if he does not be there
Because it has happened to my daughter her sister moved out and she had to go take her name off the lease if not they can come right back in doesn’t matter
That’s something that depends on the law where you live…ask a local attorney.
If his mail goes there, that’s his legal residency and you’ll have to evict him… but check with your state laws because it might be different
His rights expired with the end of the first lease…
I went through this with a business before and it all depends who is on the original signed lease is the one responsible for anything on the property.
Sign a new lease with landlord without your partner on it.
If there’s no lease unless he can prove he lives there then I don’t think so. You may still have to evict him.
Just tell the person No
Find yourself a room for rent or go into the shelter
Your landlord and legal aid are the only two can answer that question.
A peace of mind is priceless
I think if his name is on the lease,you gotta get his name off the lease!
Check your state laws before you do anything. Ignorance of the laws do not make it correct.
you can have him removed from lease