who supose to move out ?

  • gabriel29

    Posts: 44

    Oct 06, 2009 4:27 PM GMT
    I spent the last 1,5 years with my bf..we lived together for 1 year. We just broke up and we have difficult discusion who supose to move out..
    I find the place and I sing the lease but he was living with me for the past year..and I decided to end it.
    I feel it is unfair for me to move out from my aparment just becouse we didnt match..
    what do you think ?
  • Posted by a hidden member.
    Log in to view his profile

    Oct 06, 2009 4:29 PM GMT
    gabriel29 saidI spent the last 1,5 years with my bf..we lived together for 1 year. We just broke up and we have difficult discusion who supose to move out..
    I find the place and I sing the lease but he was living with me for the past year..and I decided to end it.
    I feel it is unfair for me to move out from my aparment just becouse we didnt match..
    what do you think ?


    You know the answer. The lease is in your name. Throw him out.
  • Posted by a hidden member.
    Log in to view his profile

    Oct 06, 2009 4:29 PM GMT
    gabriel29 saidI spent the last 1,5 years with my bf..we lived together for 1 year. We just broke up and we have difficult discusion who supose to move out..
    I find the place and I sing the lease but he was living with me for the past year..and I decided to end it.
    I feel it is unfair for me to move out from my aparment just becouse we didnt match..
    what do you think ?


    You signed the lease, it is your place.
  • Posted by a hidden member.
    Log in to view his profile

    Oct 06, 2009 5:51 PM GMT
    Really, not much more advice you could get. You should also realize, that if your move out and your bf stays, and if he doesn't pay the rent, the landlord will come after you since it is your name on the lease.
  • Laurence

    Posts: 942

    Oct 06, 2009 5:54 PM GMT
    Your name is on the lease so legally the place is yours.

    However the break-up is probably a good time to have a fresh start. So why don't you give notice and you both move out?

    Lozx
  • Posted by a hidden member.
    Log in to view his profile

    Oct 06, 2009 6:36 PM GMT
    As all the above say... If your name is on the lease... The place is yours. Find some big butch friends to throw his ass out...
  • Posted by a hidden member.
    Log in to view his profile

    Oct 06, 2009 6:58 PM GMT
    steltom saidAs all the above say... If your name is on the lease... The place is yours. Find some big butch friends to throw his ass out...

    Agree with this, and all previous replies. He can only have the place if the landlord let's him assume the lease in his name alone, or through an approved sublease. Until he does, he CANNOT live there legally by himself, with you gone; you would be violating your lease, and still be liable for the place and the rent. Time for him to pack.
  • Posted by a hidden member.
    Log in to view his profile

    Oct 06, 2009 7:01 PM GMT
    He has to go, both for legal, monetary, and personal, reasons. Just get 'er done.
  • Posted by a hidden member.
    Log in to view his profile

    Oct 06, 2009 7:23 PM GMT
    Legally, the place is yours and he needs to move out.

    But, why did he say he should stay and you should go?
  • rnch

    Posts: 11524

    Oct 06, 2009 7:30 PM GMT
    Red_Vespa said
    steltom saidAs all the above say... If your name is on the lease... The place is yours. Find some big butch friends to throw his ass out...

    Agree with this, and all previous replies. He can only have the place if the landlord let's him assume the lease in his name alone, or through an approved sublease. Until he does, he CANNOT live there legally by himself, with you gone; you would be violating your lease, and still be liable for the place and the rent. Time for him to pack.
    yup! you know this, your soon-to-ex knows this, your landlord knows this...if your ex won't leave you should call the police.
  • Posted by a hidden member.
    Log in to view his profile

    Oct 06, 2009 7:32 PM GMT
    Laurence saidYour name is on the lease so legally the place is yours.

    However the break-up is probably a good time to have a fresh start. So why don't you give notice and you both move out?

    Lozx


    Laurence is right in a sense. If he doesn't wanna leave then you have no choice but to give landlord notice that you are vacating. You don't want to risk harming your credit history.

    Besides doesn't finding a new place seem more appealing and indicates a fresh start but then again it could be an amazing apartment that only a fool would give up. If that is the case, have the clown removed.
  • cowboyathlete

    Posts: 1346

    Oct 06, 2009 8:03 PM GMT
    The majority opinion definitely rules here, alert your landlord if need be.
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 12:22 AM GMT
    The one that uses correct grammar should get to stay icon_twisted.gif
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 12:26 AM GMT
    Well your name is on the lease so technically and legally you shouldn't have to go anywhere. Sucks to be the ex BF.

    If you're one of those guys who wouldn't feel same being a place were so much happened and wanted to start over in place that you ex bf didn't occupy with you then I say move out and start anew.
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 1:04 AM GMT
    Actually, even though your name is on the lease, you'd have to go thru a legal process to have him removed. You're better off taking a more conservative (read: less expensive) approach. He broke it off so he should already have his stuff packed with a moving truck outside IMHO.
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 1:13 AM GMT
    You want him out? His name isn't on the lease? Change the lock while he's gone. Next item.

    If you have a joint lease, which you haven't mentioned, it's a whole 'nuther thing.

    If his name is on the lease, he can have you thrown out for threatening him, physical or mental, and you can find yourself homeless.
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 1:40 AM GMT
    Chizzad saidThe one that uses correct grammar should get to stay icon_twisted.gif
    Personally, I think the one WHO uses correct grammar should get to stay. icon_biggrin.gif
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 1:40 AM GMT
    if you lived in the place before you two started living together he moves out regardless of who broke up with who.

    If you both moved in together to this place at the same time then the breaker moves out.. well.. morally that's the right thing to do.. but really who gives a pfft about morals..
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 1:42 AM GMT
    You are in NY and know the answer
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 1:43 AM GMT
    Chizzad saidThe one that uses correct grammar should get to stay icon_twisted.gif


    Glass houses.

    http://en.wikipedia.org/wiki/Full_stop
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 1:44 AM GMT
    chuckystud saidYou want him out? His name isn't on the lease? Change the lock while he's gone. Next item.

    If you have a joint lease, which you haven't mentioned, it's a whole 'nuther thing.

    If his name is on the lease, he can have you thrown out for threatening him, physical or mental, and you can find yourself homeless.



    That's what we call messy "T".

    OP, I read your post wrong the first time. You broke up with him so you should be the one moving out.
  • HndsmKansan

    Posts: 16311

    Oct 07, 2009 1:49 AM GMT
    I'd say you have the upper hand for several reasons.....

    One, you have the most to lose. If you move out and he defaults on payments (or just makes them late), your credit is in jeopardy. I'd tell him to move out for that alone. You are allowing him to take not only the place you leased, but the latitude to ruin your credit. If he stays, you must make sure your name is off the lease and his is added.

    For me, that would be the overriding issue, not who simply stays or goes!

    icon_eek.gif
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 2:03 AM GMT
    jprichva said
    That may be fine in rootin'-tootin' Texas, but in New York City tenants have all kinds of rights, even those whose name may not be on the lease. Best to check the legalities before doing anything stupid.


    This is the only accurate post on this subject. I was raised as the son of the Apartment Manager most of my life, and have had to deal with evictions from both sides of the issue.

    If the BF has lived with you in the residence for more than one month (in most cases) he is legally afforded the rights of a full tenant even if he is not listed on the lease or rental agreement, and you CANNOT simply throw him out with due process of law. That means EVICTION.
  • Webster666

    Posts: 9217

    Oct 07, 2009 3:35 AM GMT
    As long as you signed the lease and he did not, the place is yours. The law is on your side, and you can have him legally evicted. Or, you can put all his stuff outside, and change the locks. Ain't love grand ?
  • Posted by a hidden member.
    Log in to view his profile

    Oct 07, 2009 3:53 AM GMT
    Webster666 saidAs long as you signed the lease and he did not, the place is yours. The law is on your side, and you can have him legally evicted. Or, you can put all his stuff outside, and change the locks. Ain't love grand ?


    How damn difficult is it to simply use the Internet to look up the correct information?

    Webster, thank God you're not a lawyer or the OP would end up in a world of legal hurt.

    ONE MORE TIME, you CANNOT simply "throw out" a roommate who has been in residence for more than 30 days! I've had personal, HARD experience with this.

    Read this quote about tenant rights in New York City, where the OP lives:

    If you are the tenant of record and your roommate is not, and you would like your roommate to leave, and your roommate has been in the apartment for more than 30 days, and your roommate refuses to leave voluntarily, then, unfortunately, you have only one recourse -- a formal eviction proceeding. This writer does not prosecute (only defends) eviction proceedings. The law does not require that you be represented by a lawyer in Housing Court, and the Court provides assistance to parties without lawyers. However, without a lawyer it may be more difficult to get the results you want. There are many lawyers in the City of New York who make their living prosecuting eviction proceedings.

    Lynn Armentrout is a NYC tenant attorney.