Can a roommate kick me out if the apartment isn’t in her name?

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Can a roommate kick me out if the apartment isn’t in her name?

An old boss asked me to move into an apartment to help out one of his current employers. The apartment is in his name. I moved in to the apartment and it was only a 1 bedroom so we then upgraded to a 2 bed room (3 months ago). Well she put a note on my door last week telling me that I can’t live there anymore (she is Spanish and I don’t believe she has green card because the apartment is in the bosses name). Anyway she claims that she needs the apartment for her “sister” but the apartment lease is up in about 4 months anyway. So what do I do? I don’t think she can ask me to.

Asked on December 29, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the rental unit that you are writing about is not actually being leased by your roommate but rather your former employer, your current roommate can ask you to leave the unit, but really has no legal basis to do so. From what you have written, I suggest that you consult with your former employer about the current situation (your roommate wanting you to leave).

I would defer to what your former employer thinks is best concerning the situation in that he is on the lease, not you or the roommate.


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