Can my roommates kick us out if we are on the lease?

UPDATED: Aug 29, 2011

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Can my roommates kick us out if we are on the lease?

My roommates told my husband and I that they are going to kick us out in a week because we don’t “help out”. We are on the lease with them it won’t end for a year. We haven’t broke the lease. I don’t think they can but I want to be sure they can’t. They say they already talked to the real estate lady about it and have a replacement roommate lined up can they legally kick us out on those terms.

Asked on August 29, 2011 California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Roommates, like the ones you describe, have no right to kick out their roommates. If you are all on the lease together, your right to reside there is equal to your roommate's rights. Only the landlord can evict you, and only if you are violating some lease term or doing one of the few things that allow eviction without a lease violation (e.g. threatening or attacking landlord; deliberately destroying landlord's property) can you be evicted.

Once your lease is over, it may be that the landlord will choose to not renew your lease or rent to you, especially if he has been talking to your roommates; but until the lease is up, as long as you don't violate the lease and don't otherwise provide grounds to terminate your tenancy, you cannot be evicted by the landlord; and, as stated, other roommates on the lease with you can never themselves evict you.

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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