Can l kick a person off property that l rent?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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