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  1. #1
    Join Date
    Aug 2009
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    22

    Default Can My Ex Legally Evict Me

    New Jersey.

    My ex was the original tenant in our apartment and paid the original deposit fee. I moved in seven years ago and immediately had my name added to the lease but I never contributed or don't recall contributing to the security deposit and the landlord never asked for it or any additional monies. It is a year to year lease and the apartment is rent controlled. We have a joint checking account for all household expenses and pay everything 50 -50.

    My ex now decided she wants to end the relationship and is threatening to throw me out. We are both curently unemployed although we can still afford this apartment both jointly and separately.

    Can she have me evicted because she was the original tenant and paid the original security deposit more than ten years ago? That security deposit was paid to the previous landlord, the property has been under new ownership for the past 4 - 5 yrs. There is no language on the lease that refers to her as the "master tenant."

    Do I have any protection under the law to remain in this apartment until such time as I can afford to move out?

    Thanks for any advice

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can My Ex Legally Evict Me

    If you're on the lease, the landlord has to be the one to give you the boot.

    Unless you stop paying rent, he's not going to get involved.

  3. #3
    Join Date
    Aug 2009
    Posts
    22

    Default Re: Can My Ex Legally Evict Me

    Thanks for your prompt reply! With just losing my job, sick elderly parents and now this out of the blue breakup as well as the eviction threat, I'm on the verge of a nervous breakdown!

    I appreciate your input. I hope it doesn't get ugly.

  4. #4
    Join Date
    Aug 2009
    Posts
    22

    Default Re: Can My Ex Legally Evict Me

    So, not to belabor the point (but I'm very nervous), even though my ex was the original tenant and put down the security, I cannot legally be evicted as long as I continue to pay half the rent?

    I need to go out of town for a few days (job interview) and frankly, I don't trust what she might do while I'm away. I'm fearful that I may come home to find the locks changed and my stuff on the street!

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can My Ex Legally Evict Me

    I really can't put it in any other terms that will reassure you. Go back and read what I told you the first time. Keep reading it until you calm down.

    Who put the security deposit down is irrelevant. What matters is who is on the lease contract.

    I'm fearful that I may come home to find the locks changed and my stuff on the street!
    If she's that much of a pill, maybe you want for this to happen so you have justification to sue the hell out of her, cost her serious money, and make her miserable.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can My Ex Legally Evict Me

    Quote Quoting myjo24de
    View Post
    ... I cannot legally be evicted as long as I continue to pay half the rent?
    Please note that the landlord can evict you both if the full rent isn't paid. How it's divided between the two of you is not the landlord's concern.

  7. #7
    Join Date
    Aug 2009
    Posts
    22

    Default Re: Can My Ex Legally Evict Me

    O.K. Thanks again. Full plate right now. I appreciate knowing that the security deposit does not make her the "master" tenant.

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