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Is My Roommate on the Lease or Not

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  • 08-02-2012, 05:30 PM
    nobodyjoe
    Is My Roommate on the Lease or Not
    My question involves landlord-tenant law in the State of: Indiana

    Ok, so I entered into a lease with my girlfriend four months ago. The relationship has dissolved and I want her to go. She stands firmly on her ground that "She's on the lease"

    Landlord cannot arbitrarily remove her name for obvious reasons.

    So i decided to read the lease. It turns out that the landlord entered her last name in the lease as if we were married (same last name as mine) AHAH!! There is no such person!!!! Does her claim that she is "on the lease" stand? if not I will be having her removed immediately?

    Thank you in advance for your participation in my question.
  • 08-02-2012, 05:44 PM
    aardvarc
    Re: Person on the Lease or Not
    She's ON the lease, as she's the person the landlord intended to rent to, and actually rented to. If you're thinking that the innocent mistake by the landlord of getting her last name wrong means you can toss her out, you'd be mistaken (and presuming you weren't scamming and pretending to be married so the landlord would rent to you).

    Quote:

    if not I will be having her removed immediately
    Law enforcement won't get involved here - you're got a civil matter on your hands, or rather, the landlord does.
  • 08-02-2012, 06:15 PM
    nobodyjoe
    Re: Person on the Lease or Not
    And if said lease is signed by her hand with the "innocently" mistaken name? ie, she signed in a name other than her legal name? still rings of a civil matter, of course. But is it enough to make a trip to court worth while for my landlord, I will be glad to foot the bill.
  • 08-02-2012, 06:32 PM
    LawResearcherMissy
    Re: Person on the Lease or Not
    Don't be so quick to assume that you're going to get what you want there.

    If you're both on the lease, the landlord may, at his discretion, terminate the tenancy for BOTH of you. He doesn't have to evict your girlfriend just because the relationship failed, any more than he would have to evict you if she were demanding that you leave. He may well decide that neither of you are worth the trouble, and bounce you both out on your asses.

    Don't expect a judge to give you what you want either. You can ask, but if the judge says No, that's that.
  • 08-02-2012, 06:39 PM
    nobodyjoe
    Re: Person on the Lease or Not
    The LL and I are on the same side here, he has been witness to the reasons why the personal relationship has dissolved, pointless really. Thats why I mentioned that,

    Landlord cannot arbitrarily remove her name for obvious reasons.

    we are in cahoots, he feels he is powerless here. As well as I appear to be

    Thanks to all for such a lively discussion.

    Nobody
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