Can my roommate kick me out if both our names are on lease?

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Can my roommate kick me out if both our names are on lease?

My bestfriend and I rented an apartment together; both our names are on lease as tenants. She is trying to convince me that she is the main tenant just because her name is first. It all started just because of a fight, nothing serious. She brought over people when I was sick and I did not like it. So now she is giving me a 24-hour notice to leave. I just want to know what to do. I’m not going to start fighting people or anything. Should I call the police instead? I just really need to know my rights.

Asked on April 8, 2012 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

One tenant has no right to evict another--only the landlord may evict a tenant. Being listed first on a lease has no legal effect or consequences whatsoever--after all, *someone* has to be listed first. If you are both leasing directly from the  landlord (rather than her  leasing from the landlord, and you leasing, or more properly, subleasing, from her), you are both tenants with exactly equal rights, and she may not evict you.


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