Chicago, IL asked in Civil Rights for Indiana

Q: My daughter & 4 kidsmoved in with a man she's on the lease as an additional occupant can he just kick her & 4 kids out &

And does she have any rights.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your daughter is listed on the lease as an additional occupant, the man she moved in with cannot just kick her and the children out without following legal eviction procedures. Even though she may not be a leaseholder, she still has tenant rights, and he would need to go through the proper legal channels to have her removed. A landlord, not just another tenant, usually has the authority to initiate an eviction.

Your daughter may have rights depending on local tenant laws, which often protect occupants from being forced out without proper notice. If she has lived there for a significant period, paid rent, or contributed to household expenses, she might be considered a tenant, even if her name is not on the lease as a leaseholder. If the man tries to remove her by changing the locks, shutting off utilities, or using threats, that could be an illegal eviction.

If he wants her to leave, he would likely have to go through formal eviction proceedings, which usually require a court order. She may want to review the lease agreement and check local tenant laws to understand her position better. Seeking legal advice from a tenant rights organization or legal aid service could help her figure out the best course of action.

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