As a tenant, can I evict an occupant without other tenant’s consent?

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As a tenant, can I evict an occupant without other tenant’s consent?

My roommate’s girlfriend has become vulgar, rude and constantly diragatory to me and my girlfriend, mainly she has made it a practice to turn my heat up unbearably high when I’m sleeping forcing me to wake up sweating and often unable to go back to sleep before work putting my livelihood in danger. She is listed as an occupant on the lease, I will give her ample time but I want her out or me and I cant afford to pay off the rest of my lease, so its gotta be her. Of course my roommate may not approve of this but what is my legal standing here?

Asked on June 1, 2012 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, you have no right to evict her, unless something in your lease specifically gives you the right to do so. First, any tenant has the right to have any guest or occupants with him/her that he/she wants, except as limited by the lease. Your roomate has as much right to have his girlfriend with him as you have to have your girlfriend with you.

Second, tenants don't have the right to evict anyone but 1) their own subtenants or 2) their own guests in any event.


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