Can my mom sue her landlord if he doesn’t go by their lease?

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Can my mom sue her landlord if he doesn’t go by their lease?

My mom is on social security; I just became her payee representative. According to her lease she is supposed to be the only person living in the house. Her boyfriend used to work for the landlord and made an extra copy of the key and moved himself in without my mom’s consent. She asked the landlord to remove him but he said because it’s been almost 8 years he would have to evict my mom also, even though her boyfriend never established that address as he residence. The local police also will not remove him. What can I do?

Asked on November 25, 2011 under Real Estate Law, Indiana

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for the situation.  So the boyfriend has never been on the lease, correct?  And Mom still has a lease, correct? Although I think that there is a bit ore to the story with the boyfriend, I think that you should consider speaking with an attorney on your Mother's behalf about evicting the boyfriend as a sub tenant or squatter here.  The 8 years does indeed pose a problem, but not for everyone.  The landlord would have to enforce the lease as is and that could includes evicting your Mom for a breach.  But it needs to be read and it sounds as if the boyfriend and the landlord are too friendly here.  Get help from a landlord tenant attorney.  Good luck.


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