My roommate is a guarantor on my lease - how do I evict (apartment, lease agreement)
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I recently moved from NY to NC and when it was time to sign the lease, I decided I would make my then boyfriend a guarantor on the lease, not a tenant. We've since both come down here, and he decided to stay with me here in NC. However, having him as a roommate has caused me a ton of stress as he had to look for work and therefore I was paying everything, it took him over a month. He's finally found work a little over a week ago, but in the interim has had a letter of noise complaint brought down on me because of our fighting. He's become verbally/physically abusive. How do I evict him?
That is not the case, I would have gotten the place on my own, I'm the one locked in the lease as a tenant, he's just a guarantor. If I move out myself, that would require me to sign a new lease somewhere else, how does that not tie me to the original lease here?
I would have gotten the place on my own...he's just a guarantor.
If this means that the LL agree's... then you give the guy a 30 day WRITTEN NOTICE to leave.
You'll need to ALSO notify the landlord of what you're doing.
If/when the guy doesn't comply then you go to the Court and ask the Judge to give you a writ.
That opens a whole other can of worms.
That is not the case, I would have gotten the place on my own, I'm the one locked in the lease as a tenant, he's just a guarantor. If I move out myself, that would require me to sign a new lease somewhere else, how does that not tie me to the original lease here?
Your wording is very confusing. If your credit check revealed that you could handle the rent then you wouldn't have needed a guarantor. The only reason you would have required a guarantor is if your credit rating was poor but your boyfriend's score either alone or added to yours sufficiently brought up your score. If you force your boyfriend to leave why should he continue to be your guarantor? You could up and leave without fulfilling the terms of your lease agreement and the LL would go after him for monies owed.
If he's only listed as an occupant on the lease and not a tenant then in order to get him to leave you will need to formally give him 30 days written notice. If he fails to leave then you would formally evict him. However, and I believe this is what MrRational is pointing out, there could well be a problem with him remaining as your lease guarantor. You should line up someone else who'd be willing to accept that role unless you can prove to the LL that you're able to handle things independently.
I decided I would make my then boyfriend a guarantor on the lease, not a tenant. We've since both come down here, and he decided to stay with me here in NC.
AMH
I find this very confusing. How do "you" decide to make someone a guarantor on your lease? Either you were required to have a guarantor or not. Also, you say he "decided" to stay with you? Did you and/or he assume that being a guarantor grants someone the right to be a tenant? Unless I'm mistaken, signing as a guarantor does not give automatic rights to move into the apartment. Is he on the lease as any kind of tenant/occupant?
I think some clarification would be helpful, especially in establishing exactly what the boyfriend's status is, in regards to the apartment.
If he's being abusive, call the cops, then you get get them to remove him. You can get a restraining order, too.
Next option, give him 30 days notice to move out. If he's not on the lease, you can kick him out. Send him notice with proof of delivery, and you can also hand a copy to him. But, be sure and mail it, too, so you have proof of delivery, unless you get someone else to serve it personally to him. Then, they sign a proof of service.
He's stuck being your guarantor until the lease is up, no matter where he is.
I would tell the landlord you're kicking him out. And I think you should stay, and become a great tenant once the boyfriend is gone, so you have a good reference. If you leave now, that may not be the case.
You are stuck unless two thing happen, and both have to happen:
The landlord will agree to take him off the lease as a guaranteer. The boyfriend will agree to move out.
He's not going to move if he is responsible for the rent for as long as you are in the apartment. The courts are not going to throw him out if he is paying the rent for as long as you are in the apartment.
And you can't move as long as you are on the lease, unless the landlord agrees to take you off and keep the boyfriend.
This problem is 100% of your own making, so don't expect the landlord to take a loss for you or to sort it out for you.
I have never heard of someone wanting a guarantor, the only reason for one is if the tenants credit history does not meet the landlords requirements. With that said, if he is not approved to live in the apartment then he can be evicted by the landlord. Being a guarantor does not mean one is approved to be a tenant. This whole thing does not make any logical sense.
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