I, my boyfriend and MY 3 kids have lived together for almost three years. We have a new landlord that is asking us to sign a lease agreement. My boyfriend only wants his name on the lease. I don't mind, yet, I want to be legally protected incase something happens (ie. him saying get out because we are fighting etc.) I was the only one on the first initial agreement that has ended as of July 2006 and I believe he only wants his name on the lease so that he has the sole power over myself and my kids with the power to kick me and my kids out on a whims notice. What can I do to protect myself without having to sign into a lease. The new landlords know that WE all live in this apartment and have for almost three years. I will be the one in control of making sure the landlord receives the rent and will be making most communications. Can I have something on the side with the landlord as a seperate tenant or what will it take to protect myself and my three kids?Rental lease agreement issue with boyfriend how can I become protected against being evicted?
Why are you with this man? It sounds bad.
Anyway, he does not get to control this. All adults need to be on the lease. Otherwise the landlord could have insurnace problems.
If your charming bf needs an excuse say, ';I need to be on the insurance in case me or one of the kids gets hurt on the property so that we can hold the landlord liable.'; Don't tell him that there isn't much you can hold him liable for (there is some though!).
Money usually talks to men like him.Rental lease agreement issue with boyfriend how can I become protected against being evicted?
depending on what state you live in i don't think the new landlord can force you sign another agrement. and once your original lease is up you don't have to enter into another, you should be able to live month to month. and if he signs a lease without you but you mailing adress is the one were you both live if you are in a fight and he tries to through you out he can't, even the police will tell him that. if you choose to leave on your own fine but if you tell your boyfriend i aint going nowhere he can't do squat tell him to call the police and when they get there they will tell him this is her adress and she doesn't have to leave. i know he has you scared because you proboly threw him out a few times when it was your place but if it is his then he can do that to you, the only difference is guys are just so stupid and don't know any better were not, let him put the place in his name and if anything does happen guess what you don't have no legal obligations, i use to be like you until i said screw it go ahead put the house in your name go ahead put the bills in your name go ahead but when you f**k me over i get a clean slate keep your bills but that car thats paid off and in your name give it to me or i will sue your *** for it because it is cruel and unusual treatment to take the only transportation for a sinlge mother with three kids
that should shut him up,and make sure you add in the ';stupid'; when you go off on him.
In response to your question...
I don't know if the following will be of some help to you. Go to CBMall, it's the #1 info-product resource on the Net.
When you go there look for the search box in the upper left corner. Type in the word tenant and see what comes up. You could probably type something else to see what comes up
It sounds like your relationship with your boyfriend isn't so good. Why does he feel he needs to be so controlling? Is he normally controlling? And why can't you discuss this with him?
You can't make some side agreement with the landlord that would allow you to stay if his name is the only one on the lease. You want to be able to stay, then your name should be the only one on the lease.
Just tell your boyfriend that you should be the one to sign since the first lease was in your name only. Also, you have the kids which would make it harder to move. If he doesn't like it, perhaps you should invite him to move out now.
I'm not sure I can give practical advice here without sounding like I am preaching to you. If you would like some honest counsel on this email me. You can find my email address on my Yahoo Answers profile.
Unfortunately you have weaved a tangled web here. For what it is worth, I suspect your landlord will want both of you on the lease so that he can collect from either of you. But the person above who said this is more complicated than just a lease is right on.
I can't speak for your landlord but on my leases ALL adults who live in one of my properties MUST be on the lease no ifs ands or buts.
And I don't many landlords who don't have the same requirements as the poster Landlord said, there are insurance and liability issues.
Your problem seems deeper than who is on the lease.
If you are currently the sole leaser, then I would go to the landlord, and tell them that I wish to continue that arrangement, and leave him off the lease. It is your home, that you invioted him to share, not the other way around. If the owners wish to have him on the lease, then you can capitulate, but in no uncertain terms allow the lease to be made out only in his name.
From the stand point of the relationship, I would be a little concerned if your boyfriend only wants his name on the lease. What is his motivation? Having you on the lease is the most minimal commitment he can make. In fact, in theory it lowers his liability should anything bad happen. It strikes me as odd.
From a legal standpoint, even if you are not on the lease, the law views it as your home. He would have to go through a legal process to evict you and you would have time to make other arrangements.
By law, if you have lived in an apartment for more than 30 days you are a resident of that apartment. In order for him to tell you to leave you would get a 30 day notice, like any other place, I went through this with my boyfriend and this is what the cops told me.
You can also have your name listed on the tenants ';residing'; in the apartment and not the actual ';payee'; of the rent.
If I were you, I would mind that your boyfriend wants to be the only one on the lease. That would give him power over the apartment, regardless of how long you all have been living there. If there is paperwork and something in writing, there is power versus a verbal agreement.
The most straightforward thing to do is talk to your landlord with your concerns and see what he suggest. You may want to tell him your situation, and he may say to your boyfriend that you need to be on the lease also (i.e. he may do this without letting your boyfriend know that you were talking to him, if that is a concern). The bottom line is that you are likely less of a risk than your boyfriend because your kids need a place to live. I do not think your boyfriend should have the power to keep you off of any lease, as you need to protect yourself and your kids.
it really wouldnt matter if no ones name was on the lease, when the police get there they will remove Him, not your kids.
But yes if you stay some where or rent somewhere your name should be on the lease even if you DO NOT pay the rent.
You should both be on the lease. If you are taking care of paying the rent, this does seem to be a power issue, and there are all the reasons to be listed on the lease and none not to be.
The only protection normally offered is that a thirty day written notice must be given before you can be kicked out if you aren't on the lease.
For the sake of your children it's best for you to be on the lease.
Put your self on the lease. plus the kids. I say that because I had a roommate once who added me, and she moved out without notice and tried several months later to get the deposit back, with me still there. and had no legal recourse. I was lucky because other wise I would have to come up with a deposit or worse yet, if I was not on the lease, I could have been evicted and taken to court.
Lease is in your name. Dont give up that right. You may think about asking him to leave. There is much more going on there. You need to protect the kids first. You can kick him out and you may want to have family or the police there.
Why not just stand up to your boyfriend and tell him your name is going to be on the lease as well? Seems like it'd solve all your problems.
If he refuses to do that, he still has to treat you as a tennant. To legally get you to move out, he has to evict you and go through the courts. Make sure he understands that he can't just throw your stuff out and change the locks or he can get a lawsuit slapped on him.
Personally, if he doesn't agree to have your name added to the lease, I'd take it as a sign that things are ending - and I'd find a new place to live - THE DAY AFTER he signs the lease, so he's stuck with the apartment. He has no legal recourse, he did it all to himself. He sounds like a loser, don't put up with him.
