If I am on a lease with one other person, can this person kick me out?

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If I am on a lease with one other person, can this person kick me out?

This person just recently became an ex-boyfriend. We split rent and all other bills. He is saying since he is the primary tenant, he has the right to make me leave. We both signed the same lease at the same time. I pay everything on time, and refuse to leave if he won’t sign an agreement freeing me of the rest of the leases rent. Can he make me leave and still have to pay rent?

Asked on October 1, 2011 under Real Estate Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since you are both on the lease then you both  have the legal right to occupy the premises. Accordingly, only your landlord can file for an "unlawful detainer" (i.e. eviction lawsuit). And as long as you are not in breach of any terms of your lease (I assume that you aren't) there is no basis on which to try an evict you.

Either you need to work out an arrangement wherein you can both live together peacefully or one of you should move and and then find a replacement tenant. Otherwise, if one of you does vacate before the lease is over, they will still be liable for all remaining rent.


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