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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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