Can my landlord make me move out in 30 days because my boyfriend wants me to move, even though I’m also on the lease?

My boyfriend and I moved into a house together and we both signed a 2 year lease. He pay’s the rent which is, and always has been his choice. I do all of the housework, most of the yard work and still contribute financially. Now were fighting and he wants me to move. The landlord agrees I should move but I don’t want to. He says he’s going to rewrite the lease now which doesn’t expire for 10 more months and take my name off. I not only have no where to go, I don’t have enough money saved up to move out. I’m avoiding him and my stuff is out of his way. Can they legally make me move out?

Asked on August 28, 2011 Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You absolutely have a ton of contractual rights here and do not let anyone tell you otherwise.  You have a copy of the signed agreement?  Then you have a right to make the m]landlord live by it.  The fact that you did not pay the rent your self is really none of your landlord's concern.  He accepted the rent from your boyfriend on your behalf as well.  The agreement between you and your boyfriend is between you and your boyfriend and it seem that you contributed both monetarily and otherwise.  So stand your ground.  They can not force you to leave.  And if the landlord tries to evict you you can go to court and defend yourself.  Get some legal help from a tenant's rights organization.  Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, a landlord may *not* do this. The lease is a contract; it binds all parties to it for the whole period or length of it. If you have 10 months on your lease and have been complying gwith all terms, then you can't be evicted if you are on the lease.

Certainly your landlord or your boyfriend can try to make  it worth your while to move--offer you money to move out, for example. But it would be your choice to accept or not. As long as you are complying with your lease obligations, you can't be evicted and the landlord may not choose too arbitrarily rewrite the lease. If they try to evict you, you'd likely have a lawsuit for illegal eviction; you'd also have a good defense to being evicted (which must be done through the courts) in the first place. Good luck.


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