Roomate Roommate threating to kick me off the lease

[noelj11668]

My roommate has beenliving in this duplex with her three children for a year. Shortley after she signed her second 1year lease, she was having troubles keeping up with the bills and rent. So the landlord suggested she ask the guy who she is seeing (me) to sign on to the lease, move in, and help out with bills. I signed the year lease about 3 months ago, and now there are arguments of kicking me out. If i am on the lease, is there anyway she could kick me off this lease i signed, or talk the landlord into kicking me off the lease if i am doing nothing wrong?

 

[Betty3]

I don't know the name of your state but ....

You have rights and they are equal to any other signature on the lease, unless that lease states otherwise.

So, no I don't see where you would have to leave based on what you have presented.

You can hold & see if you get other replies.

 

[shrinkmaster]

If you signed a lease all parties are bound by it. You canot be removed unless you breach your contract (lease) or they Landlord/Roomates do. If they want you out tell to make you an offer worth your while for you to leave and get this agreement in writing signed by all concerned parties

 

[noelj11668]

So there is absolutley NO way to remove me from the lease if the contract/lease isn't breached? Can the roommate/landlord somehow breach the contract just to get me off and have my roommate stay without any penaltys to them>

Also, If mine and my roommates arguments are purley verbal and not at all hostile, is there any way she could use having kids here against me to get me off the lease? (example... the kids would be happier, or the house would be a "happier" place without him).

 

[noelj11668]

By the way, I live in Iowa.

 

[shrinkmaster]

If you signed a lease all parties are bound by it. You canot be removed unless you breach your contract (lease) or they Landlord/Roomates do. If they want you out tell to make you an offer worth your while for you to leave and get this agreement in writing signed by all concerned parties

The above still applies

 

[mightymoose]

Even without a lease you would be protected.
The only legal way to force you out is by eviction, which takes time.
The landlord would have to take that action. Your roommate has no power to remove you.
It sounds like it will get ugly. One of the two of you should likely pack your bags.

 

[noelj11668]

So could she breach contract to get us both off the lease then go sign another one once im out?

 

[shrinkmaster]

If your roomate breaches lease then roomate goes not you. Your not paying attention they cannot remove you if your abiding by all lease terms. This does not sound like a good situation for you talk to all parties about letting you out of lease and giving you proper time to find new place. Other than an agreement (in writing) signed by landlord and all concerned parties you cannot leave and they cannot force you out

 

[Michael Wechsler]

So could she breach contract to get us both off the lease then go sign another one once im out?

The answer to your question is.... I don't know. But here's what I do know:

1. All answers depend upon the words in the lease agreement that both of you signed.
2. Everything can be undone if all three parties agree to modify or terminate the agreement.

Typically when I see such leases, both tenants are joint and severally liable. This means that both of you are responsible to make sure the entire rental amount is paid. If either of you doesn't pay or breaches the terms of the lease and the other tenant doesn't pay the entire sum due and owing or cure the breach, the lease is breached by both of you. Each tenant can be sued by the landlord for the entire amount and everyone evicted. If only one of you shows up, the landlord can recover the full amount that can be collected under the lease against Tenant A and then Tenant A can sue Tenant B for whatever portion of the lease Tenant A was to be responsible for paying in addition to attorneys fees.