If my girlfriend and I break up and are both onthe lease, ifshe does not want to leave what doI do?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my girlfriend and I break up and are both onthe lease, ifshe does not want to leave what doI do?

My girlfriend will not leave but I think we are on the lease together but I am paying all the bills. I would like to know my options on getting her out of the house. Am I allowed to pack up her belongings and put them in her car? Women kick men out all the time, but if it is reversed how is it handled?

Asked on July 15, 2010 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you are both on the lease, you have equal legal rights to be in the apartment; you CANNOT kick her out in any fashion, including by packing up her belongings and putting them in the car. If you do, you will incur liability. The only person who could evict one of two tenants would be the landlord, and only if the person has breached the lease in some fashion. Whether or not women ask men to leave all the time is irrelevant here--if the men are  on the lease or deed, they don't have to leave, though they might voluntarily choose to go. If there're not on the lease, then the person who is on the lease could evict them (so if your girlfriend is not on the lease, then you could evict her), though even there, you can't do it just by packing up the other person's belongings; you need to go through the proper eviction proceedings or process.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption