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I am living with a roommate and we are no longer getting a long. The lease is in her name, I am only an occupant. We live at an apartment, so we don't really have a landlord. She is very wishy washy and I am afraid that she might be able to kick me out whenever, because she is the leaseholder. I always pay bills on time, and cooperate with her, there has never been a problem with that, so I just really need to know the legal part of it. Thanks =)
I know in SC after 3 months (i think) you have as many rights as the lease holder. About 10 years ago, my roommate kicked me out and changed the locks with all of my stuff inside. I took her to court (she was a cop. she got fired! lol!) and won. It was called an "illegal ouster." I just had to go to the magistrate and pay $10 to file it. Hopefully you won't be in the same situation. Can you find another roommate?
Oh, well, if you're on the lease, I would expect you'd have all the same rights as your roomie - i.e. she couldn't kick you out of the apartment, as you have just as much right to live there as she does. I would check with the leasing office at your apartment complex and the local PD, as well, to make sure you know where you stand.
The leaseholder is the only one who has any rights to the apartment. The leaseholder is the only one who if rent isnt paid would be taken to court etc. The occupant of the apartment has no rights. They are strictly just an occupant of the apartment. Most likely, all that was done for you to be an occupant is just a criminal background check. Also, if you moved out you owe her nothing unless you and her have a legal agreement between the two of you?
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