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Mbartenfelder · Jul 5, 2013, 07:59 AM

I have a roommate that I have been living with for 3 months. She is constantly late on here rent and/or never pays her full amount Owed. My roommate now says she is going to pay less then what she originally agreed to. On top of that she has animals that piss and poop all over the place. It's disgusting! How do I get her out if she is on a lease with me? I can't deal with this anymore!

JudyKayTee · Jul 5, 2013, 08:02 AM

This is an international site. Where are you?

Is she on the lease?

Mbartenfelder · Jul 5, 2013, 08:04 AM

Virginia. Yes she is

ScottGem · Jul 5, 2013, 08:50 AM

Originally Posted by Mbartenfelder

Virginia. Yes she is

Then you need to talk to the landlord. Since she is on the lease, only the landlord can remove her. And the landlord may not care. The lease probably states that each of you is responsible for the full rent. So if he doesn't get it he can evict you both.

On the other hand, she is probably responsible for half the rent, and if she doesn't pay you can sue her for it.

JudyKayTee · Jul 5, 2013, 08:57 AM

Holyone, this is a legal site. What is your source of this information?

Mbartenfelder · Jul 5, 2013, 09:42 AM

Originally Posted by ScottGem

Then you need to talk to the landlord. Since she is on the lease, only the landlord can remove her. And the landlord may not care. The lease probably states that each of you is responsible for the full rent. So if he doesn't get it he can evict you both.

On the other hand, she is probably responsible for half the rent, and if she doesn't pay you can sue her for it.

Yea I spoke to the la soloed and they said we both have to sign out names to say one is leaving. My roommate won't do that so I'm stuck.

ScottGem · Jul 5, 2013, 09:46 AM

Originally Posted by Mbartenfelder

Yea I spoke to the la soloed and they said we both have to sign out names to say one is leaving. My roommate won't do that so I'm stuck.

So the landlord won't evict just the roommate? Did you inform him that she has pets that are damaging his property?

Your only other recourse is to sue the roommate for her share.

JudyKayTee · Jul 5, 2013, 09:48 AM

As a landlord I understand the landlord's position - the property is damaged, no matter who caused the damage. I would not allow one party "out," leaving me with only one party to pursue for the damages.

How much longer on the lease?

Mbartenfelder · Jul 5, 2013, 09:48 AM

Originally Posted by ScottGem

So the landlord won't evict just the roommate? Did you inform him that she has pets that are damaging his property?

Your only other recourse is to sue the roommate for her share.

Yes. And because we r both on the lease it makes me responsible too. I don't get it!

Mbartenfelder · Jul 5, 2013, 10:01 AM

Originally Posted by JudyKayTee

As a landlord I understand the landlord's position - the property is damaged, no matter who caused the damage. I would not allow one party "out," leaving me with only one party to pursue for the damages.

How much longer on the lease?

The lease is until April of 2014

ScottGem · Jul 5, 2013, 11:04 AM

Originally Posted by Mbartenfelder

Yes. And because we r both on the lease it makes me responsible too. I don't get it!

What don't you get? Did you read the lease before you signed it? Did you not understand what you were getting yourself into? Did you know your roommate before you decide to rent an apartment together?

Most leases where there are roommates moving in together are written to make either party responsible, Landlords prefer this to protect themselves from roommates falling out. But you are not without recourse. Like I said, you can sue your roommate for what they owe, You can suggest to the roommate that to avoid a suit she can move out, though that will still leave you on the hook until you find a replacement.

JudyKayTee · Jul 5, 2013, 11:33 AM

And I will add that the lease may not allow "replacement tenants."

Someone needs to read and understand the lease.

N0help4u · Jul 5, 2013, 12:27 PM

Originally Posted by Mbartenfelder

Yes. And because we r both on the lease it makes me responsible too. I don't get it!

He has to hold you both responsible because 1. its not his responsibility to figure out who did what damage. 2. If she skips out of paying then he needs someone to collect for damages. 3. You would be that somebody because you are responsible for allowing her to move in with you. 4. If he takes payment out on you you could sue her, but I'm not sure you would win. One thing you could possibly try is make it more inconvenient for her to live there like if you pay on the internet, cable TV, food, quit, do without and eat out.

JudyKayTee · Jul 5, 2013, 12:30 PM

Maybe this is easier to get - you are both responsible for all damages until the end of the lease. You are not responsible for yours, and she for hers. All of the damage being done by her pets is your responsibility, totally yours if he cannot locate her or does not want to pursue her.

If I have two tenants and damage. I can sue one or both. If I sue one it is her responsibility to find the other and collect half.

Get it? It's a signed contract and you are both responsible.

He lets her out of the lease and it's all your problem.

ScottGem · Aug 27, 2013, 03:11 AM

Originally Posted by Lahen

She is responsible to pay equal rent. You should ask to the landlord because since she is on lease. Otherwise hire an accountant or a good lawyer.

Please read the thread before responding. The OP already talked to the landlord. And what will hiring an accountant do?