AboutSharon Wilkerson Expertise I can answer questions on residential real estate whether they concern buying or selling, 1031 exchanges, or investment property/vacation property. I can answer some questions on South Carolina law concerning the aforementioned property type sales. I cannot answer questions concerning commercial property.
Experience I am a realtor in the Charleston, SC, area which is an historic seaport town on the coast located between Myrtle Beach and Hilton Head. I have serviced both buyers and sellers from those looking to purchase their very first home to those looking for a place to retire. I have a network of realtors around the South Carolina area with whom I am in touch concerning the South Carolina real estate market.
Organizations The Charleston Tri-county Association of Realtors; The South Carolina Association of Realtors, The National Association of Realtors; Women at Work; The National Conservancy; Daughters of the American Revolution
Education/Credentials BA degree in Business and BA degree in Theatre Arts
Expert: Sharon Wilkerson Date: 4/12/2008 Subject: Primary and Secondary on Lease Agreement
Question 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.
Answer Whether or not your son can evict his girlfriend will depend totally on the wording of the lease. If the lease is difficult to interpret, then your son will need to hire an attorney. I'm not sure what you mean by secondary on the lease. Was the girlfriend subleasing from your son? Did she co-sign the lease? Did she sign a separate lease with the leasor? In South Carolina the leasor will usually require all parties to sign a separate lease stating that they will be responsible for the entire month's rent. Therefore, if one person gets mad and leaves, the remaining tenants still are legally responsible for paying the full amount of the rent. If that is the case, I suppose your son could move out; however, I would make sure that it would not go against his credit if the girlfriend did not make the monthly payments. All in all it would be best for your son to consult with an attorney before making any move to evict or move out himself.
