I live with my boyfriend and he has gone to jail. his grandmother is the co signer on his apartment and wants me out. can she leagally have me kicked out,cause im not on the lease?

You need to talk with the apartment manager to determine what, if any, rights you have.
Technically if you are not on the lease and have been living in a place for more than 14–30 days you are no longer considered a “guest” but a tenant. Is the grandmother the landlord too?
Are you able to pay the rent in full while your boyfriend is in jail or are you expecting a free ride on grandmas purse strings?

Are you past due on your rent right now and expecting grandma to pick up the bill?
Sounds like grandma is fed up with the whole situation.

No, she can’t evict you, only the landlord can and he’d have to have a valid reason to do that, like if you stop paying the rent. As long as you continue to pay the rent, there is no reason for anyone to try to kick you out of the apartment. She just doesn’t want to be liable because she’s probably concerned that you will not pay the rent and, since you are not legally responsible to pay it (but her grandson and she are), she will get hit with the bill.

To reassure her, you may want to ask the landlord if you can have the lease transferred into your name. Or you could just speak with her and assure her you intend to keep paying it (if you do). She needs to realize that if you move out, the landlord can still force her to pay the balance of the lease because she co-signed for her grandson. She’s stuck with that responsibility whether or not you live there and really, if you continue to live there and pay the rent, you are actually helping her out. No one is going to come after her for money if the rent is getting paid.

If they do try to evict you, it’s a process that takes time. They have to serve you and have a hearing. They can’t just throw you out into the street.

If she isn’t on the lease then she can be removed by the landlord. (at least here in West Virginia) for any reason he chooses to use. The grandmother can stop paying rent and the boyfriend and get evicted, but Sondra has no real say in the matter. It’s best to talk to the Landlord, explain the situation, and have them make changes or find a justification to the situation.

But in all honesty, If your boyfriend just went to jail, I think you may just wanna find a new place to live and just start all over….