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Crazy Roommate Woes

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Crazy Roommate Woes

Postby laharris7 » Mon Mar 16, 2009 12:10 am

I live in North Carolina and I need to know what to do about my roommate. We've been having problems lately and I need to kick her out. I talked to the landlord and that person told me that she didn't sign the least till December (I moved in on August, she September). I wasn't notified and didn't want her on the lease so if I had to, I could kick her out. My landlord also said when she signed the lease she put the wrong day on there (September date). What (if any) are my rights and how do I make sure she doesn't mess up the place or steal anything that's mine?
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Postby JohnMI » Wed Mar 25, 2009 2:21 pm

How is your lease written? Are you BOTH on one lease and it is joint and several? Or do you each have a separate lease and it is therefore like room rentals? It can make a difference.

That being said, regardless of the dates on the lease, if she lives there and pays rent, then she is a tenant. Therefore, just "kicking her out" is likely not an option.

But, again, it really depends on your lease. If it is one lease and you are both on it, then you (and the Landlord) have little recourse to just get rid of her.

Also, is it really a lease or is it a Month-To-Month agreement?

- John...
[I am not a lawyer. This is not legal advice. Your mileage may vary. Look both ways before crossing.]
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Postby TenantNet » Wed Mar 25, 2009 2:42 pm

Of course the laws of N. Carolina would rule in this instance and the OP should probably get legal advice in his/her locality. But it's an interesting question. Normally a tenant signs a lease for a defined apartment. The Landlord can not later impose an additional tenant on the existing tenant, who has tenancy rights to the complete unit.

The exception would be if it's a rooming house setup. That depends on the wording of the lease. In that case the original tenant would only be renting his/her room with rights to use certain public areas like rest rooms, kitchens, etc.
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