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csdb · Jul 12, 2011, 11:57 PM

I need to know how to handle getting rid of a room mate who has yet to pay any rent (or half of the deposit) since moving into this place about 3 and half months ago. I've let it go this long because he was a friend. But now I just want him out. On June 28th I sent him an email entitled "notice to pay rent or quit" and in it said that if he can't pay this month's rent by July 3rd, he needs to move out ASAP. I also gave him an exact breakdown of what he owes to date ($4000 including half of the deposit). He responded to the email (so proves he did see and read it). I didn't exactly give him 3 days, though. But now I want to give him a formal deadline that if he doesn't pay by I can legally kick him out, IF I haven't already done that when I sent the June 28th notice. The landlord did say that they have a release form that would remove him from the lease, but it's something he has to willingly sign.

This is in Las Vegas. I know laws vary from state-to-state, so just wanted to mention this is in the State of Nevada. I just want the guy out ASAP, so I can be done with this stress.

Thanks for any ideas and suggestions!

ScottGem · Jul 13, 2011, 03:23 AM

Sorry, but you have no standing to evict him. As long as he is on the lease, you are both equal tenants. And the lease is probably worded that you are each separately responsible for the full rent. So you can't just pay your portion. If the full rent is not paid, then the landlord can evict you both.

Only the landlord can file for an eviction or issue a legal vacate notice. And the landlord might be required to evict you both, not separately.

What you can do is sue him in small claims court for the unpaid rental that he owes you.

So you have to work with the landlord. If the landlord is not willing to file for eviction, then you are stuck, unless it signs the release. You could enter into an agreement with the landlord to evict you both, then sign a new lease on your own. But the landlord would have to go along.

By the way, an e-mailed notice is not sufficient, and you can't issue a pay or quit, since you aren't his landlord.

ballengerb1 · Jul 13, 2011, 06:49 AM

Keep in mind that the LL won't evict anyone as long as he keeps getting his rent. The LL is satisfied if eirther or bot of you contribute, its not his concern as long as the $$ turns up. You could try to sue in small claims

AK lawyer · Jul 13, 2011, 07:32 AM

Originally Posted by ScottGem

Sorry, but you have no standing to evict him. As long as he is on the lease, you are both equal tenants. And the lease is probably worded that you are each separately responsible for the full rent. So you can't just pay your portion. If the full rent is not paid, then the landlord can evict you both. ...

Since the roommate has not paid rent as agreed, it becomes a tenancy-at-will (of the OP). I would argue that it is an unlawful detainer, and that a co-tenant such as OP can bring an action to evict. Have a look at NRS 40.215 to 40.425.

Alternatively, the statute speaks of action by the landlord, or landlord's agent. OP need just get the LL to appoint him agent for the purpose of evicting the roommate.

ScottGem · Jul 13, 2011, 09:10 AM

Originally Posted by AK lawyer

I would argue that it is an unlawful detainer, and that a co-tenant such as OP can bring an action to evict. Have a look at NRS 40.215 to 40.425.

I don't see what makes the co-tenant a tenant of the OP. Maybe I missed it, I did only glance at it. In any case, the OP would have to serve the co-tenant properly (not by e-mail).

I think having the landlord appoint the OP as an agent for this situation may be a better option.