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  1. #1
    Join Date
    Feb 2010
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    4

    Default On Lease, but My Roommate is Kicking Me Out

    I live in NYC and I am on an apartment lease for a year with my roommate and her dad. After almost 6 months, can she just kick me out because she "wants her own space?" She said I have two weeks to find another place. I am on the lease too. Don't I have rights?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: On Lease, but Roommate Kicking Me Out

    yes, you have rights and they are equal to any other signatory to the lease, unless that lease states otherwise.

    so, simply put: no, you do not have to leave and based on what you have presented, she has no legal justification to even try to make you leave.

  3. #3
    Join Date
    Feb 2010
    Posts
    4

    Default Re: On Lease, but Roommate Kicking Me Out

    What if she breaks the lease and I can't afford to pay it on my own? Do I still have to pay all the fees and have that on my record, because she wants out?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: On Lease, but My Roommate is Kicking Me Out

    Yes. Along with equal rights to the place comes equal responsibility.

    If she bolts and leaves you holding the bag, though, you can sue her in small claims court to recover the remainder of her share of the rent through the lease termination date.

  5. #5
    Join Date
    Feb 2010
    Posts
    4

    Default Re: On Lease, but My Roommate is Kicking Me Out

    If I sign my name off the lease, can I still sue her for forcing me off the lease before our contract is up? I have emails that would back up my case of her wanting me out.

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: On Lease, but My Roommate is Kicking Me Out

    If I sign my name off the lease, can I still sue her for forcing me off the lease before our contract is up? I have emails that would back up my case of her wanting me out.
    First, the problem is; will the landlord allow you to be removed from the lease. They often will not do this simply for the fact if there is only one person on the lease, the LL can only sue one person if he has need to sue. If there are 2 people on the lease, there will be 2 people he can sue and on and on.

    In this case, the more the merrier for the LL.



    and no, if you willingly leave the lease, you would have no reason to sue her.

  7. #7
    Join Date
    Feb 2010
    Posts
    4

    Default Re: On Lease, but My Roommate is Kicking Me Out

    Yea, there is a document that can be signed by all 3 people on the lease (her dad is on there too as the Guarantor) in order for someone to leave without any responsibility for rent or damages that occur after the signed date.

    So therefore, she is still bound to the contract and can not sign her name off the lease w/o my agreement. The only thing that I'm worried about is her breaking the lease. But breaking a lease destroys your credit right?

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: On Lease, but My Roommate is Kicking Me Out

    if she just up and left, the lease would not be broken until such time everybody quit paying.

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