Am I responsible for rent owed if the eviction notice was not in my name?

UPDATED: Aug 19, 2011

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Am I responsible for rent owed if the eviction notice was not in my name?

My former fiance and I rented a house. The landlord refused to sign a lease after we were told she was going to come over and sign one with us. My ex-fiance moved out while I was on vacation. I came home and there was an eviction notice on the door. I was giving him money to pay the rent but he did not pay it. My children and I are now without a place to live. The eviction is only in my ex-fiance’s name but it does state and all other occupants. I called the court house and they said there is no court date and that we had 10 days to move out. What can I do in this situation?

Asked on August 19, 2011 South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the notice of eviction was served upon you as an "occupant" of the rented unit where the lease was in your former boyfriend's name but never yours, the notice of evcition applies to you as well.

The landlord wants you and your children to vacate his property. Your former boyfriend has not paid the rent for the property you are living in. If you wish to remai in the unit as a tenant, you need to speak with the landlord about the situation you are in and how to try and resolve it where you remain as a tenant.

The landlord is under no obligation to let you remain in possession of the unit. If he or she refuses to let you stay, you will probably be served with an unlawful detainer court action where you will need to show up in court and respond to the claims after an answer is filed.

You should consult with a landlord tenant attorney about your situation.

Good luck.

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 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.

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