Under what circumstances can a tenant be evicted if they have a lease?

UPDATED: Jul 21, 2010

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Under what circumstances can a tenant be evicted if they have a lease?

We were 3 friends who roomed together. 2 are 17 years old; I am 21. One of my roommates is my girlfriend and the other is our friend whose grandfather passed and left him a 2 bedroom house (which os where we all live). He asked us to move in a month ago. I had to get the lights in my name. He just did a lease last week for residency proof for me for foodstamps and to register my daughter in school. However, he isn’t on it as a tenant. He’s listed as a landlord only. Now he wants us out for no reason. I feel he used us for beneficial purposes until he was about to make 18 which is next week.

Asked on July 21, 2010 under Real Estate Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A tenant cannot "make himself" a landlord just be writing a lease to that effect, so the key issue is, is he in fact the person you rent from? If he is, he's the landlord and he *may* be able to evict you; if he's not in fact the landlord, he can't evict you--one tenant cannot evict another. (Though note: if he's a tenant but you're subletting from him, he's effectively your landlord for this purpose.)

If he is your landlord, you may only be evicted during a lease's term for (1) nonpayment of rent; (2) breach of some other material or important lease term; or (3) disturbing other tenants or damaging the property excessively or willfully. Landlords cannot simply arbitrarily evict tenants.


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