Living with a Partner and Your Landlord's Rights to Evict

How does cohabitation with a partner impact your rights under a lease agreement and the landlord's prerogatives to evict? In this article, we will explore the laws surrounding cohabitation, lease agreements, and the eviction process. Understanding these legalities can help avoid potential conflicts and ensure both landlords and tenants are on the same page.

Understanding Your Lease Agreement

Typically, your lease agreement outlines who is considered a tenant and their respective responsibilities. It is crucial to review your lease carefully. Generally, if you have a boyfriend or girlfriend living with you, they should be added to the lease to clarify responsibilities and liabilities.

Liability Issues

Adding a roommate to the lease is a common practice. Doing so offers protection for both the landlord and the tenant. This is because everyone is named as a responsible party for rent payments and potential damage to the property. Adding a cohabitant to the lease is often a necessity for legal and financial reasons, protecting the landlord against liability and ensuring the tenant understands their obligations.

The Eviction Process

If you or your partner violate the terms of your lease, it may result in an eviction. Landlords must follow a formal process to evict a tenant. Here are the typical steps:

3-Day Notice: The landlord provides a notice informing the tenant of the violation and the reasons for the eviction. Filing: The landlord files the eviction with the appropriate court. Summary Court Hearing: A summary court hearing is conducted to determine if the violation exists and if eviction is justifiable. Court Ruling: The court makes a decision based on the evidence presented, and if the landlord wins, the tenant is given a date for eviction.

Though the process can be lengthy, it's important to follow the legal channels laid out in the lease agreement. Landlords must provide documentation and evidence to support their case in court.

Strategies to Avoid Eviction

If a landlord wants to evict you, they must follow these procedures. However, if you feel you are being treated unfairly, you have several options:

Hire a Lawyer: Inform your landlord that your sibling is a lawyer and you are prepared to represent yourself or hire a lawyer to defend your case. Review Your Lease: Check your lease agreement for specific terms and conditions governing cohabitation and lease violations. If the lease does not allow cohabitation, note this as a defense in your case. Communicate with the Landlord: Consider having a conversation with your landlord to address any concerns or seek a compromise. Providing adequate notice and addressing any issues could help prevent an eviction.

Lease Provisions on Occupancy

Some leases control the occupancy of the property. If your lease does not allow subleasing, adding a cohabitant to the lease without permission could result in eviction. It's important to determine if your lease explicitly states these conditions:

Single-Occupant Rental: Ensure that the terms of the lease allow for cohabitation. If the lease is designated for a single occupant, adding a roommate without landlord approval could result in eviction. Doubling Rent: In some cases, the landlord may increase rent to reflect the additional occupancy.

In conclusion, understanding your lease agreement and the legal proceedings for eviction is crucial to avoid any conflicts. Always follow the legal processes and communication channels provided by your lease agreement. If you feel you are being treated unfairly, seek legal advice or negotiate with your landlord to find a resolution.