Legal Question in Real Estate Law in Indiana

Unmarried, Breaking up and want her to leave

My girl friend and I entered into a lease together. We are breaking up. I am the only one working so I pay the rent. She refuses to leave and would prefer that the landlord pursue legal action against me if I don't pay the rent. I like the apartment and would like to keep it, but only if I am the only tenant. Can I get her out?


Asked on 12/04/01, 12:06 pm

1 Answer from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Unmarried, Breaking up and want her to leave

Go to your landlord and cancel the lease you have now and get one from him in your name only. Tell the landlord you are going to "miss" a month's rent, which you won't so he cancels the lease for breach of contract. Your ex can't cure the defect. The landlord will have to serve you with a pay or quit notice to start the eviction process. Let her know that you are moving and the rent is now her problem, not yours. She won't pay. Armed with the new lease, you can have her evicted on 30 days notice. I can't imagine why she would want to stay if you guys aren't getting along. Did you and your ex have an agreement on splitting rent?

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Answered on 12/04/01, 12:47 pm


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