Can a landlord kick out a 19 year old from the home if he was there since he was 17 and is not on the lease?

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Can a landlord kick out a 19 year old from the home if he was there since he was 17 and is not on the lease?

My boyfriend is 19 years old and lives with his family in section 8 housing. They
moved to this house when he was 17 and he has lived there ever since. He is also
a part time student at an alternative school and is still working to get his
diploma. He received a letter saying he has to vacate the premises because he
lives there and is not on the lease. Can the landlord do this? What should my
boyfriend do? if you have any information please contact me at Lowe.58wright.edu

Asked on March 9, 2018 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can do this. Section 8 housing (and other forms of publically subsidized housing) are highly regulated in many ways, and one way is that you can't have "unauthorized occupants" in the home--that is, you legally may not have any adults (over 18-year olds) who are not tenants or at least authorized as occupants on the lease. Persons not authorized by the lease have to leave; in some states, the unauthorized person can be removed, in other states (like NJ, where I practice), the entire household (everyone) would be evicted if the unauthorized person does not move out. Removing an unauthorized occupant is not just legal, it's actually something Section 8 and public housing landlords are required to do. The tenant(s) can ask to add him to the lease, but 1) it is not guaranteed he'd be accepted--he has to meet the screening criteria--and 2) if he is earning anything (i.e. if he is working, even part time, or getting any sort of monetary support for that matter), his income will be factored into determining the size of the Section 8 voucher and could result in the subsidy being reduced.


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