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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111526
Experience:  Attorney with over 24 years experience.
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Daughter moved in together with her boyfriend. He has no

Customer Question

Daughter moved in together with her boyfriend. He has no kids she has a 10 year old daughter. They signed the rental agreement together. She pays 2/3 rent because of the daughter and she paid the damage deposit. Things have been going down hill for awhile. So they decided to break up. Their lease runs out in Feb. So they paid the landlord up until then. She is trying to find a place but having trouble in the same school district. Now he is kicking her out. Does she have more right to stay there than him since she has a kid and pay us 2/3 do the rent? He has house of his own that he is renting out to a friend.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unless she has breached the lease, she is a legal tenant once she signed the lease together and he cannot throw the daughter out before February. If he tries to do so it would be an illegal eviction and she could sue him for damages. So he cannot kick her out any more than she could kick him out, both of them signing the lease gives both of them the right to use and live in the premises.