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Old 06-09-2011, 06:07 AM
 
Location: NYC
452 posts, read 672,866 times
Reputation: 463
Default can i be taken off a lease without my consent?

long story short, me and my mom got into a short argument. She tends to get personal, and threatened to take me off the lease and throw me out. Considering she is the head of household, can she take me off the lease without my consent? Can she legally just throw me out without a care in the world?
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Old 06-09-2011, 07:05 AM
 
Location: St Thomas, US Virgin Islands
21,397 posts, read 24,632,079 times
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A lease is entered into between a landlord and tenant(s). If you signed a lease along with your mother as a tenant you have all the rights and obligations contained in that lease. Your mother as a co-tenant in equal standing can't arbitrarily take you off the lease. You CAN be taken off the lease if you wish but only with the consent of the LL and your mother. Your mother will then be solely responsible for the lease and the lease will be amended accordingly.
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Old 06-09-2011, 07:12 AM
 
Location: The Triad (nc)
17,092 posts, read 21,218,580 times
Reputation: 14154
Quote:
Originally Posted by mrmondaynight

Considering she is the head of household, can she take me off the lease without my consent? Can she legally just throw me out without a care in the world?
two separate issues here.
q1) whether tenant a has the right to remove tenant b from a lease contract without permission.
a: probably not; depends on how the lease is written. The LL is the one at risk here.

q2) whether YOU should allow or fight this effort if your crazy mother tries it.
a: yes, allow it...in a heart beat. the sooner you are out of the legal contract with her... the better for everyone including the LL.

and head of household usually means the others there are MINORS who can't sign contracts.
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Old 06-09-2011, 09:22 AM
 
Location: Boise, ID
5,288 posts, read 10,019,895 times
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I agree, it depends on how the lease is written, if one person has more power than the others, but in most leases, all signatories have the same rights. So if you both signed the lease as tenants, neither of you can remove the other person without their consent. If your mother is the only signatory on the lease, then yes, she could ask you to move out.
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Old 06-09-2011, 09:34 AM
 
Location: Minnesota
1,296 posts, read 1,701,275 times
Reputation: 1342
How old are you?
Did you sign the lease to?
What did you do to **** off your mother that she would make that threat?
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Old 06-09-2011, 10:58 AM
 
Location: NYC
452 posts, read 672,866 times
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Quote:
Originally Posted by Faworki1947 View Post
How old are you?
Did you sign the lease to?
What did you do to **** off your mother that she would make that threat?
1. I'm 24
2. Yes, i signed the lease.
3. We didn't agree on something

I've been saving up the last couple months to move out, just cant do it yet. Love my mom to death, but i need to get away from her =\
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Old 06-09-2011, 11:56 AM
 
Location: Seaford, Delaware
3,350 posts, read 9,932,729 times
Reputation: 2185
If you are listed as a joint tenant on the lease and you signed the lease, then she can not arbitrily take you off. You have to request it from the LL and the LL has to agree.
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Old 06-09-2011, 07:43 PM
 
Location: Southern California
3,116 posts, read 3,818,477 times
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Some moms like to think they're in control, even when they're not...

And it makes no difference if you're 24 or 44 or 64 - they still think they know best!
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Old 06-22-2012, 06:16 AM
 
2 posts, read 12,934 times
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This is happening to me as well my roomate claim she took me off the lease but I do not think it is so. We both signed the lease together and I need to find out what I should be doing do I need to get a lawyer..... I also whould like to know what does LL stand for
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Old 06-22-2012, 06:29 AM
 
5,096 posts, read 4,907,782 times
Reputation: 5090
Quote:
Originally Posted by sydney9015210 View Post
This is happening to me as well my roomate claim she took me off the lease but I do not think it is so. We both signed the lease together and I need to find out what I should be doing do I need to get a lawyer..... I also whould like to know what does LL stand for
LL =landlord

I would continue to live there and pay rent per the lease. roommate cannot evict you and cannot make you move. they dont control anything...the landlord does.

is there still time on the lease you signed or is it now month to month? Just wondering if the roommate somehow contacted the landlord if lease expired and then said you were no longer living there and signed a new lease for new period without you. So see what your lease end date is (the one you signed).

even if roommate entered new lease without you, landlord would need to evict you for not being on lease. you would get official notices from landlord.
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