The E
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Sounds like a good question to call the police and ask them. It would be a civil matter anyway between the tennant(s) and the landlord. My guess would be yes they could throw Jane out if her name is not on the lease. |
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Lisa W
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They should evict both of you for fraud/misrepresentation. John sounds like a real weiner for going and reporting her. With that said, there is no excuse for not putting someone on the lease. |
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Bibs
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Technically, John is in breach of the lease. The landlord can throw you both out. John is the tenant, but John can evict you. Probably the landlord will not want to get into the middle of your personal spat. As long as John is paying the rent, they will not want to spend the money to evict. John will have give you a legal 30 day notice to move. If you do not move by that date, he can get a court order to have the sheriff evict you. John can then get a judgement against you for damages. |
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Donald C
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Laws like this depend on state and at times local laws and statutes. The only person having legal rights to stay are however the ones on the lease and in that you might want to reread the lease about sub-leasing.
The landlord is limited in entering the apartment in most cases would require assistance of a law enforcement officer which in most cases also requires a court order.
I highly suggest it is best just to work with the landlord and find another location to live since this will most likely not work in your favor overall and legal costs are not worth the outcome. |
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Landlord
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The landlord has to evict her, and should, this needs to be added to her credit report.
The landlord can evict John too, he broke the lease when he brought someone else into the property, which he had no legal right to do.
If Jane has not been there two weeks she can be tossed onto the sidewalk, and arrested for trespassing if she becomes an issue. Unfortunately if she was given a key and more then 2 weeks passed the landlord has to legally evict her. |
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greeter7
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The original leasee is liable for the lease. Unless there is a prior agreement in the lease that the leasee is allowed to sub let it is probably not legal. Again each state and each Lessor must have written agreements. One can not do anything that is not discussed prior in any lease. |
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Classy Granny
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The landlord can put Jane out. He can put John out to if he chooses. You aren't suppose to let other people just move in with the consent of the landlord. |
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Pengy
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Yes Jane can get kicked out, but then again so can John for violating the lease and basically subletting. So John is not only hurting Jane, but cutting his own throat. |
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wolfchief
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Yes and No...2 things are possible he can terminated the lease or he can accept the new ten net. He would have to call the Police, physically he can't do that.
If the landlord did do that i.e. throw you things out in the street ...call the police you would have to make a citizen complain right there and make an arrest period. If the police does side with the landlord get his badge number, call his watch commander and him you will go to Internal Affairs and Police Commissioners and file a complain about the watch commander and tell him that on the cell/land phone and see what happens next, you will will an arrest will be make, don't back down never , never, quit! |
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kevin L
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If the apartment lease says that you can not have someone who is not on the lease living as a tenant in the apartment, that is a legally binding document and any thing other than that not discussed with the landlord is a violation of that document which is illegal if you signed it, therefore this makes it null and void which then allows the owner to remove any and all tenants no questions asked. Now depending on the state you live in there may be a law that states you have 30 days to move out. Sorry about the situation, hope everything turns out all right. |
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newguyintown86
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If the Lease states that everyone must be on the lease. Yes. So Jane would have to sue John in small claims court to get her rent money back. If this is Jane, make sure you keep all of your records. Get a copy of the check you used to pay the rent or a cash receipt from the landlord. Good luck! |
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texaswildman
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if john is smart. he won't go and tell on jane. i thing someone is lying here. |
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Samirah
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John would need to start the eviction process on Jane....since he is on the lease.
Because Jane established residency there (whether on the lease or not) she has her belongings there. She cannot be removed by anyone forcefully, she must be evicted. John must do this and keep the apartments out of it. |
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Frankie T
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no |
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Cat
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its called subletting and yes...
jane should make nice with john have make up sex, save her money and move out on the first of next month |
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Ronbo
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Unfortunately, by law, "Jane" has no legal right to be there. The lease is under "John's" name and Jane is merely a guest.
But in here may be a grey area... Are there squatters rights in the state you live? How long have you been living there? The court may see these as possible "loop holes"
Morally, John should honor the rent Jane paid, but since nothing is in writing, the court may just throw out any claim and find for John. |
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LG
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technically they can..they own the property...who ever lives there pays to live on that property |
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n
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hmmm....yea i think the landlord can throw that person out |
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jhnw4706
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if the person is not on the lease and is staying at the apartment and paying and everything then yes the complex can throw that person out because they are not on the lease. they especially can do it if you are not allowed to sublet the apartment. |
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