Can a landlord choose to evict only 1 of 2 tenants?

UPDATED: Jun 1, 2011

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Can a landlord choose to evict only 1 of 2 tenants?

My fiance and I have been living together in a house that his parents own. He may or may not have signed a rental agreement; he says he “doesn’t remember” but I haven’t signed anything. We have been together almost 3 years. I got into an C an a landlord choose to only evict 1 of e tenanta?argument with his mom and now she is trying to evict me and only me from the house because she is mad. Can she do this?

Asked on June 1, 2011 under Real Estate Law, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Ok so if you have not signed a lease agreement then you are what is known as a month to month tenant. Even if he signed a lease agreement it would have probably expire by now and he is also a month to month tenant.  Can she evict only you?  Yes, she probably can.  You are seen as independent tenants of the property although under the law you could probably both be held liable for the rent under "normal" circumstances, meaning with a regular landlord.  It may be a goo idea for you to try and do some back tracking about the argument for the sake of your relationship as well.  This is not a statement on who was right or wrong - and there are no facts here so who would be able to judge anyway - but rather a suggestion on survival both as a tenant and a girlfriend.  Good luck.

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