Quiet Enjoyment My roommate is also my landlord but she is not on the lease as a tenant

[sarak11]

Can a landlord that is not listed on the lease as a tenant live in the property that is leased out to me?

I currently have a lease at a two bedroom condo. My roommate is also the landlord as she owns the property. My roommate and I do not get along and she creates a hostile living environment for me. The lease states that she is the landlord and that I am the tenant, but fails to say that she will be occupying the property. The lease states that the landlord must give me 24 hours notice before entering.

Since the property is leased to me and only me, can I get her kicked out since she is not on the lease as a tenant or an occupant?

 

[Gail_in_Georgia]

Do you really believe you can kick the owner of the property out?

Gail

 

[sarak11]

Do you really believe you can kick the owner of the property out?

Gail

Well thats my question!! What means more? Ownership, or the contract that the owner entered into with me that she failed to mention herself in?

 

[jharris352]

At first blush I would agree with Gail, but I have a question. Does your lease say that you are leasing the entire house or a room? If it is for the entire house then she is interfering with your quiet enjoyment of the property. However, your remedy is not to kick out the owner. Your remedy is to break the lease and move. The Owner thing sort of trumps the leasing thing.

 

[Gail_in_Georgia]

The OP has posted on another legal forum. In that one, she indicates she is in a roommate situation which, like many such situations, has gone downhill rapidly. As you've mentioned, her options are to see if she can break the lease and move out.

Gail

 

[sarak11]

Thank you for all of your replies, as much fun as it would be to kick her out of her own place, I'm packing up and leaving this weekend!

 

[Gail_in_Georgia]

You might want to double check for any financial penalities from breaking your lease early.

Gail