CAN MY CURRENT ROOMMATE JUST THROW ME OUT?
QUESTION:
I feel that I am being wrongly evicted from our apartment by
another roommate who claims to be the only one on the lease. I'm
pretty sure I signed it, too, but I can't remember.
ANSWER:
The first thing to do is to get a copy of that lease. Start with
the landlord, who probably has a copy (and state law may require
him to give you a copy if you request it). If you're on the
lease, your roommate cannot get you out -- only landlords can
evict tenants.
Now, suppose you're not on the lease. All is not lost. If the
landlord has treated you as a tenant -- by accepting rent
directly, for example, or putting your name on the mailbox or
doorbell -- you may have attained the status of a tenant.
Surely, if you and the roommate rented the place together and it
was clear that you were on equal footing, you should be given
the status of a tenant.
Once you are a tenant, a co-tenant such as your roommate cannot
evict you. Only the landlord can do that.