QUESTION

My roommate is moving out. He is only listed as an occupant on the lease. i am the lease holder. What are an occupants rights and what are my rights?

Asked on Oct 11th, 2011 on Business Law - Alabama
More details to this question:
He turned his key into me before having retrieved any of his belongings from the apartment. I have let him in twice to get get his things once he was here for 12 hours and didnt leave with anything. He comes to the door early in the morning banging on on it wanting to get in. The land lady told me i didnt have to let him in. I would really like to know the leagal laws about this...
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1 ANSWER

Business Law Attorney serving Cincinnati, OH at Cors & Bassett, LLC
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A tenant is a person who signs a lease and who is legally obligated to pay the rent.  That person owns the exclusive right to live in the property that is leased.  In your case, since you are the only one who signed the lease, you have the right to occupy the property all by yourself, exclusive of anyone else.   If someone else is listed as an "occupant" on the lease, in most states it means that the person can stay in the leased property with the permission of the tenant.  In addition, in most states the occupant has no legal obligation to pay rent unless  they signed a paper in which they agreed in writing to pay some or all of the rent.  You do not have to let anyone in your apartment except your landlord (with your permission, or without your permission if there is an emergency).  If your former roommate still has his belongings in your apartment, then you should collect them and give them to him at an agreed location, or ask him to arrange one time to come to pick them up from the apartment. I am an attorney licensed to practice law in the State of Ohio and I am not licensed to practice law in the State of Alabama.   This answer is intended to give general information about the law of tenant's rights but the laws vary from state to state.  For specific answers to your questions, you should consult an attorney licensed to practice law in Alabama and you should let the attorney review your lease and any papers the roommate signed as an occupant.
Answered on Nov 09th, 2011 at 2:25 PM

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