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nu2dagame · May 15, 2007, 02:41 PM

I let my boyfriend's bestfriend's brother move into my 2 bdroom 2 bthrm apt about 14 months ago and it's been a nightmare ever since. I didn't ask for any deposit when he moved in because he was getting out of a sticky situation with his wife but he hasn't paid the rent on time once. He smokes in his room which is disgusting to me and the whole apt reaks of stale cigarettes. I've let him stay this long because I'm rarely at the apt. I've spent the night maybe twice in the last six months. Anyway, I'm fed up with wasting my money and have decided to move out. Only my name is on the lease which expired in February. My problem is that I want to move out by the end of May and I haven't told him yet. I know it seems unfair to only give him 2 weeks to leave but the last time he paid me rent was in February and I know once I tell him I won't see another dime. My question is what's my responsiblily if he doesn't vacate the apartment by the end of May when I move out. Will I still be responsible for rent until he leaves?

suezq74 · May 15, 2007, 02:46 PM

Originally Posted by nu2dagame

I let my boyfriend's bestfriend's brother move into my 2 bdroom 2 bthrm apt about 14 months ago and it's been a nightmare ever since. I didn't ask for any deposit when he moved in because he was getting out of a sticky situation with his wife but he hasn't paid the rent on time once. he smokes in his room which is disgusting to me and the whole apt reaks of stale cigarettes. I've let him stay this long because I'm rarely at the apt. I've spent the night maybe twice in the last six months. Anyway, I'm fed up with wasting my money and have decided to move out. Only my name is on the lease which expired in February. My problem is that I want to move out by the end of May and I haven't told him yet. I know it seems unfair to only give him 2 weeks to leave but the last time he paid me rent was in February and I know once I tell him i won't see another dime. My question is what's my responsiblily if he doesn't vacate the apartment by the end of May when I move out. Will I still be responsible for rent until he leaves?

If you signed the lease and he is not on any paperwork, you are legally responsible to complete your lease. I would ask him to leave. Why should you move??

nu2dagame · May 15, 2007, 02:59 PM

Originally Posted by suezq74

If you signed the lease and he is not on any paperwork, you are legally responsible to complete your lease. I would ask him to leave. Why should you move???

I have completed my lease and am living month to month. I'm moving into a house I bought 4 years ago occupied by my mother.

landlord advocate · May 16, 2007, 12:41 PM

If you are on a month to month lease, you should have given a minimum of 30 days notice which included a rental period. Did you do that? If so, then you can move out. If there has been damage caused by the smoking, beyond normal wear and tear, you may be held responsible for costs which will be taken out of the security deposit. The other occupant, who is not on the lease, will be evicted if he doesn't leave the same time you do. All of this is based on the fact that you gave the proper notice as agreed to within the lease. Tell your boy friend's best friends brother as soon as possible, so he has time to make other arrangements for housing.