Can l kick a person off property that l rent?

UPDATED: Sep 30, 2022

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Can l kick a person off property that l rent?

My ex-girlfriend and I co-signed a lease while we were dating. We are now

currently broken up with 6 months remaining on the lease. I have moved out of the house but continue to pay half the rent, which I was planning on doing until the lease was up. During a recent discussion with her, I learned of her intention to move an extra person into the house. I would prefer not to pay rent for somebody else if it can be avoided. Do I have permission to kick the person out of the house, if that person was invited to move in by the other person on the lease? If I cannot kick the person out, can I break the lease on my own without her consent? I understand that the latter option would likely include a fee.

Asked on September 21, 2016 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) No, you cannot kick out someone allowed to live there by the other tenant; any tenant has the right to bring people into the home.
2) No, you cannot break the lease without penalty without the consent of *all* parties to the lease--which means not just your ex-girlfriend, but the landlord, too. You need the consent of all parties to the contract--and that's what the lease is; a contract--to change it, including releasing someone from the contract. If you stop paying you share of the rent, your ex-girlfriend could sue you for your contribution; or if your ex does not pay the landlord the full rent, the landlord could sue you for the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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