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    urbanwolf11's Avatar
    urbanwolf11 Posts: 2, Reputation: 1
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    #1

    Mar 10, 2011, 01:41 PM
    Roommate Question
    My roommate is moving out May 31, 2001. We live in the state of Tennessee and are both on the lease. He just stopped paying rent and bills... and practically has moved someone else in as well. It's a one bedroom apartment... I am now forced to sleep in the living room... I talked to my landlords... but they didn't really give me a clear answer. I would love for both of them to be out of my apartment, but with him being on the lease, I figured that wasn't possible... but how can I get the other guy out? I'm just sick of babysitting. It's so not fair.
    southamerica's Avatar
    southamerica Posts: 667, Reputation: 400
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    #2

    Mar 10, 2011, 01:50 PM

    So the guy who's on the lease is moving out May 31? Is the guy you want out on the lease or is he just "living" there? If he isn't on the lease and you really want him out you can ask him to leave or have him removed for trespassing.
    urbanwolf11's Avatar
    urbanwolf11 Posts: 2, Reputation: 1
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    #3

    Mar 10, 2011, 01:52 PM
    Comment on southamerica's post
    Yes the one on the lease is moving May 31st. And yes the other guy is just living here. I tried talking to my actual roommate about the situation and he told me "because I am on the lease I can have whoever I want here...whenever I want them here"
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Mar 11, 2011, 05:31 AM
    Since you didn't set limits about guests when you both leased the place, you now have to duke it out amongst yourselves. Really you should convince the landlord to notify you now that he will not renew the lease (whether overdue rent is paid or not) AND start eviction.

    Then lease it to you only after you all move out, and find a new roommate. (But sharing a one bedroom?)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 11, 2011, 08:43 AM
    Quote Originally Posted by southamerica View Post
    So the guy who's on the lease is moving out May 31? Is the guy you want out on the lease or is he just "living" there? If he isn't on the lease and you really want him out you can ask him to leave or have him removed for trespassing.

    This is absolutely incorrect - if the "guy" is the guest of the roommate he is NOT trespassing.

    OP might not like the situation but is it prohibited by the lease?
    southamerica's Avatar
    southamerica Posts: 667, Reputation: 400
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    #6

    Mar 11, 2011, 08:46 AM
    Quote Originally Posted by JudyKayTee View Post
    This is absolutely incorrect - if the "guy" is the guest of the roommate he is NOT trespassing.

    OP might not like the situation but is it prohibited by the lease?
    I was actually basing trespassing on the assumption that the visitor was staying after the other roommate moves out next month. That was my interpretation of the OP's situation.

    Every single lease I've ever signed has forbade lessee from having a "guest" for more than X amount of days. My current lease doesn't allow guests for more than 7 consecutive days or 21 days within the lease term without the lessor's consent. At any rate it doesn't seems like the OP's landlord has such rules or is concerned about them.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Mar 11, 2011, 12:40 PM

    The fact that your leases state this doesn't mean that the OP's does - but I do understand the point you are trying to make.

    As far as what happens next - that depends on what happens next.
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