Is it legal to evict only one tenant from an apartment?

stop_existing_plz

maybe

michelob86

Yes, if you're on the lease. She'd have to sign a new lease with just herself on it. If you're not, then she has to do it herself, not the landlord.

Huh?

Your sister is having you evicted? Can I come and watch the fireworks at Thanksgiving?

nick b

No it is not Illegal.
But you need to put it in writing first, with reasons.
And give them notice

mangamaniaciam

First things first: Is your name and your sister's on the lease agreement? If it's just your name on the lease and your sister is just staying with you, then you can sue both your sister and your property manager. If your sisters name is the only one on the lease, then you're pooched. Your property manager and/or landlord/s cannot evict you if you have a visitor every now and then. Especially if that visitor isn't spending then night. Tenancy laws vary state to state, so it would b best to check with an attorney or the legal aid office first before going any further.

Ben

Nope....he can do as he wishes......just move in with your BF.

No Big Deal.

where is everybody?

it's your sister that you should have a issue with. perhaps it's best to be gone. however, now the bills are 100% your sisters and the landlord may have made a mistake for that in itself.

daaaave

Through all of the answers I do not see one that raises the most relevant of relevant questions: What does your lease say? The lease is a contract between you and your landlord. If he has breached his agreement with you in the lease you may have some redress. However, if the lease specifically provides that she/he may evict you for this conduct you are SOL.

I am not a lawyer and this is not legal advice. Seek a licensed attorney in your state.

tehabwa

It depends.

For one thing, whose name is on the lease? Do you have individual leases? What are the terms of all agreements?

How much has your boyfriend been staying there?

Whatever the legality, living with someone who wants you out is less than pleasant. You might want to start looking for another place.

crazyem

okay I assume you have one lease, with both yours and sister's names on it, in which case it's a package deal - they have a contract with the two of you as a party. any troubles within your party are to be dealt with in your party. so no, they cannot kick you out unless they kick her out too. (but also make sure you know what you've signed - some landlords put goofy things in leases, and you're stuck with them once you sign - you can contest the legalities but it takes time and in the meantime you're screwed.) But my short answer to your query is NO.

mommy

If you are listed separately on the lease then yes, its perfectly legal

ryanjrgong

Yes and No. If a tenant is causing problems but the rest aren't then yes. for a reason like you stated NO!

dragonfly489

I am a landlord in Ontario, Canada and I would say that it is certainly not legal here. I would think that it is probably not legal anywhere unless you have separate leases for separate parts of the apartment.

mzdrea08

not if your name is on the lease. he has to have probable cause, take them to court.

Bob T

Landlords can only evict people who have their name on the lease. If someone has established residency, to get them out, the tenant who let them in must be evicted unless the tenant can get them to leave.

sdotmichael

I don't think that sounds legal, and if it is you still could take them to court for the false allegations.

drewxjacobs

Well, it was too bad you and your sister could not have worked this issue out without dragging the apartment management into it. If your boyfriend was always there, spent his nights there, then essentially he was living there. If this was a problem for your sister, why didn't the two of you just hang out at his place?

If he was never there and your sister lied to the management, then perhaps you can take them all to court.

Zayedbin Sultan

yes, it is

Christy H

the only way they can legally evict you is if you are not paying your rent and if your name is not on the lease AND if your bf is staying there more than 3 nights a week. If he stays there more than 3 nights a week he would be considered a resident which could be a contract violation. Now, what the manager should have done is offer him an application to apply for residency. But b/c this option wasn't given to him...yes it could be illegal to evict you. That's if your name is on the lease and a leasee not as a resident. If you're just a resident then the contract really doesn't apply to you and if your of the age of 18 then you can be asked to leave. Especailly, if your sister is the main leaseholder.

graveyardbride

Yes. When a lease is signed by more than one lessee, the landlord can evict one, or all, the tenants. The lease in question probably contains a clause prohibiting a tenant from bringing another person to live in the apartment. Whether your boyfriend pays rent or not is irrelevant -- he is using water, etc. and his presence contributes to wear and tear on the apartment. There is absolutely nothing more irritating than a freeloader, that is, someone who lives in an apartment (or house) and contributes nothing. Why should your sister be forced to move because you refused to abide by the terms of the lease? I'm glad the landlord knew the law well enough (or either consulted a lawyer) and realized he had this option.

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