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My roommate is threatening to kick me out...

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Vulnerable OH

Junior Member
Ohio

I keep reading questions about people with horrible roommates wanting to kick them out, rightfully! But what about the people who are clean (more so than the roommate on the lease) and who pay their bills on time?

My roommate went ahead and signed the lease on our apartment without me there (my boyfriend was coming home from Iraq and I was not available). When I voiced a problem with her being the only one on the lease, I was put on the lease not as a leaser, but as an authorized roommate since the paperwork was already done. Basically, I think being an authorized roommate means that, in case I lock myself out of our apartment, the leasing company can let me in without her approval and I can call for maintenance, if needed.

The problem is that, though we've been friends for over 10 years, we recently had a fight that could threaten our friendship. (It has nothing to do with the apartment.) I am fine living there and not speaking to each other ~ neither of us is malicious or would damage either person’s property. However, she says that she cannot continue living in an uncomfortable situation.

She is threatening to kick me out of our apartment since she is the only one officially on the lease. I am hoping that we will eventually be able to move past this point in our friendship and resolve our issues; however, if this does come to a head, I am wondering what legal rights I do have.

I've read the postings from others on this site where they have been told that they must give their roommate 30 days notice to vacate. However, I do not wish to leave and 30 days certainly would be hard to work with right now financially. I've heard the term "squatter’s rights" thrown around, but am unsure of the definition of what that is and if it even applies. Also, if I am not hurting the property, violating the terms of the lease and am paying rent and bills on time, what legal standing does she have?

Our lease is over in May and I would prefer staying here until that time. Please advise if there is anything that I can do legally to stay in our apartment. I really would appreciate any help that you can provide!

Vulnerable in OH
 


Vulnerable OH

Junior Member
Anything else?

I came here wanting and hoping for legal advice. I had hoped to hear that I have some rights and that I don't have to leave my home because my roommate and I had a fight. I am not in a place financially to be able to pick up, move out pay first and last months rent plus a security deposit and I'd hoped to hear some sound legal advise even if that ended up being what a lawyer or someone who knew the laws ended up telling me. Do you have any laws to back-up her being allowed to kick me out of our apartment?
 

drewguy

Member
If you're paying a share of the rent and are an authorized roommate, you likely could make the case that you are either a tenant or a subtenant and protected by whatever protections tenants get in Ohio. Usually there's some protection and you can't just kick someone out for no reason. If you're paying rent and not destroying property, you can't just get evicted.

BTW, how does she figure she'll pay the rent without you chipping in?
 

HuAi

Member
Tell your roommate to bite rocks. She is just that - your roommate. She doesn't own the property, you don't pay rent to her, you're not her sublesee. The property owner is your landlord. Without seeing your lease, it's hard to say if you're on a fixed term lease or a month-to-month tenant. If it's the former then nobody can kick you out until the year is up. If it's the latter then only the landlord can kick you out with 30 days notice. Either way, your roommate doesn't have the authority to kick you out. Her lease only guarantees her the right to stay in the apartment for a fixed time, it doesn't convey any of the LL's rights to her.
 

xylene

Senior Member
Nebulous

Your roommate has the right to ask you to leave with 30 days notice.

You are not a leasholder of the property.

You are an 'authorized roommate'. I am not sure why the rental office allowed this nebulous term, but they did.

Unless you have some claim / paperwork that your roommate is bound to and is not allowed to revoke this authorization, then you have to get out with notice.
 

HuAi

Member
Xylene - what gives his roommate any legal right to evict other tenants? I have not read anything to indicate that OP and his roommate have a LL-tenant relationship.
 

xylene

Senior Member
Xylene - what gives his roommate any legal right to evict other tenants? I have not read anything to indicate that OP and his roommate have a LL-tenant relationship.
Sure they do!

The Roommate is the ONLY signatory of the Lease.

The poster is an "authorized roommate" Whatever that means? Total jiberish.

As the poster is not on the lease and being allowed ("authorized") to live there, therfore the and the situation is an unwritten Month 2 month with the Roommate.

The poster has no roommate agreement, so the poster is out of luck.

By the same token, if the poster had wanted to leave, the poster could simply give 30 days notice.

The bottom line is if you aren't bound by a lease then you don't just get the protections and benefits of one either.

This is why a written roommate agreement is very important.
 

HuAi

Member
I agree he's a month to month tenant. However I don't think its clear cut that his roommate is the LL. The property owner is clearly aware of his presense, even authorizing him to live there. Although he doesnt have a written lease with the property owner, he doesnt have anything in writing with roommate either. If he pays his rent directly to property owner, then the property owner is still the LL.

Anyway, OP can't be forced to leave without this going through an eviction court, and I don't see the roommate convincing the court that they have authority to evict OP.
 

xylene

Senior Member
I agree he's a month to month tenant. However I don't think its clear cut that his roommate is the LL. The property owner is clearly aware of his presense, even authorizing him to live there. Although he doesnt have a written lease with the property owner, he doesnt have anything in writing with roommate either. If he pays his rent directly to property owner, then the property owner is still the LL.

Anyway, OP can't be forced to leave without this going through an eviction court, and I don't see the roommate convincing the court that they have authority to evict OP.
I read that as the leaseholder authorizing the roomate and the landlord agreeing. Just like an approved sublease. This authorized roommate nonsense is indeed legally ambiguous. I am not sure how you conclude that ambiguity confers lease rights to the poster.

Who the poster pays rent to also does not mean anything. If I sublease my apartment and we agree for the sub-tenant to pay the property owner directly, that does not mean that the agreement is now between the sub-tenant and the landlord.

The roommate has the right to give notice. If the matter did go to court, then this would be squared up.

Some things are certain.
The poster is not bound by a lease, nor protected by one.
 

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