If I am the lesseeon the lease and my girlfriend is listedis an occupant, can I make her leave?

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If I am the lesseeon the lease and my girlfriend is listedis an occupant, can I make her leave?

My girlfriend and I live in a house together. I am the lessee she is an occupant according to our lease. I want her out.

Asked on July 27, 2011 Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless you have a sub-lease with your girlfriend (either in writing or orally) where she has paid rent for the unit you are renting, you cannot treat her as a "guest" and simply ask her to leave legally if she is not a "guest".

If she is a sub-tenant, and if she is renting from you directly and not the landlord, you can serve her with a notice to leave the the property ending her lease. Depending upon the situation, if she is a month-to-month sub-tenant, the time period for the notice is either 30 to 60 days in most states. If she has a fixed term lease with you, you need to let the lease approach its end and then give her the required notice 45 or so days before its end to leave depending upon the laws of your state.

If the relationship has soured with your girlfriend, prehaps she will leave on her own without you having to force the issue?

Good luck.


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