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What do I do if my ex girlfriend is trying to kick me and my two children out of her apartment if I am not on lease?

Dayton, OH |

She asked me and my two kids to move in with her in September 2012. We now live in the apartment, but she never put my name on lease. I do receive mail at the address and live here daily. More of my property is in the household than hers. I am married but currently separated from husband. She signed Domestic partnership paperwork with me, but I didn't file it with state yet, due to still being married to husband. I have paperwork notorized and in the household though. What do I do?

Attorney Answers 2


Legally, she cannot kick you out. You can call police if she tries. She must use your states' processes for eviction.

As a practical matter, it appears you will need to find a new place soon--start looking and maybe you can find a new situation before you incur the costs of a defense against the eviction process.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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You need to find somewhere to live. The apartment is your girlfriend's and you have no rental agreement with the property's owner. Also, most residential apartment leases contain clauses prohibiting a sublease from a tenant to a 3d party, and so, you would probably not be able to argue that you had an agreement with your girlfriend.

Bottom line, this sounds like an unstable environment, especially for children. You should find a new place to live.

The foregoing does not establish an attorney client relationship with Attorney Stephen D. Gregg. The information given in Attorney Stephen D. Gregg's answer is not legal advice and is only given for educational purposes.

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