Can I kick someone out of my rental,ifhe’s been invited in by another tenant on the lease?

UPDATED: Sep 14, 2010

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Can I kick someone out of my rental,ifhe’s been invited in by another tenant on the lease?

There’s 4 of us living in an apartment and we’re all on the lease. 1 of my roommates invited someone in, and that person almost immediately started trouble. The other 3 of us asked him to leave but the one who invited him said he could stay. Do we have any right to kick him out anyway?

Asked on September 14, 2010 under Real Estate Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are all on the lease and co-tenant then you all have equal rights.  I know that that response does not really help the situation but it is on that basis that you must proceed.  Now, what do you mean "invited them in?"  Are they staying indefinitely?  That may be a violation of your lease under the agreement with your landlord and that might be the way to approach the situation.  If that is the case and your co-tenant is in breach of the lease agreement, it could jeopardize the rights of the rest of you.  Explain it in a nice way to your co-tenant and let them know that the landlord could come after all of you for a breach.  Maybe that will be enough for him to wake up and smell the coffee.  Good luck.

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