If my boyfriend and I are on a month-to-month lease, now that we are seperating can I make him leave?

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If my boyfriend and I are on a month-to-month lease, now that we are seperating can I make him leave?

We signed a joint lease 18 months ago and when it ended we went month-to-month for 3 months. I have paid all of the rent and utilites the entire time we lived here ( i can prove it with my bank statement) and he doesn’t even have a job or income to dispute this fact. All the utilites are in my name. Is there anything I can do to have him evicted or removed and ensure he doesn’t damage or steal any of my property? The landlord specified when we did the month to month that we must give 60 days notice before moving out. I am sure if I go to the landlord he will allow me to resign a lease by myself but I need a way to ensure my ex will leave and not take or damage my property.

Asked on April 14, 2012 under Real Estate Law, Georgia

Answers:

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

Answered 8 years ago | Contributor

First let me tell you that if you are on a month to month lease the general rule is that you have to only give 30 days to vacate.  If, however, you have something in writing that you signed indicating that you agree to the 60 days then abide by that.  Now, if you are both on the original lease then you are both on the month to month when it ends.  Your landlord is the only one that has the right to evict. The question then becomes if the landlord issues a new lease in your name only is that proper and then do you have the right to evict?  That is unclear. And the only way to safegurd your property is to move it out.  You and your boyfriend need to discuss the matter logically and calmly.  Maybe you should consider moving yourself. Staying may be more hassle than it is worth. Good luck.


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