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Primary And Secondary On Lease Agreement

Having a dispute with a tenant or landlord? Rental Law discussion

Primary And Secondary On Lease Agreement

Postby Kirkley » Tue Nov 29, 2016 7:38 pm

My son signed a lease with his girlfriend.  He was the primary on the lease and she was the secondary.  Now they are not getting along and he wants to kick her out.  As the primary on the lease can he make her move out, even though she did sign the lease as secondary? She could not afford to live in the house without him, but he can pay the rent all by himself.
Kirkley
 
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Primary And Secondary On Lease Agreement

Postby Enrique » Sat Dec 10, 2016 3:04 am

Hi Cheryl - I am sorry to hear of your son's unfortunate situation.  I am not an attorney, first and foremost.  And this answer is based on my NOT having seen the lease contract.  

I'm not quite sure why she wouldn't move out voluntarily.  If she can't pay the rent alone, then eviction is imminent anyways so why not make it quick and painless?  

That being said, from what I understand, the way this works is that your son is primary tenant.  And in a sense he is subletting to the secondary, his girlfriend.  If she were to bail, he would still be responsible for the full rent.  However, being the primary, he is able to ask her to move out.  And if she doesn't comply, he can move forward with formal eviction proceedings(about a 30-day process in SC).  Once she sees he is moving forward with this and sees she will have to go to court, she is likely to cut ties.  

Once everything is complete(and hopefully it will be quick, for his sake), then he will need to notify the landlord so that a new lease can be drawn up.  

I hope that helps!

Thanks!

Megan
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