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tweetygirl06 · Feb 8, 2006, 10:07 PM

I have a roommate who recently is becoming difficult to live with and that's putting it mildly (long story which I won't get into right now. I lived in the apartment originally with my mother and grandmother and when they passed away (my grandmother first in '97 and my mother in 2000), I needed a roommate. When my current roommate moved in, a new lease was filled out with both of us, making the original one invalid. I recently found out that if he ever causes problems with his temper, then both of us can get evicted even though we're not married or a "couple"... strictly roommates. Until I can afford to move out voluntarily is there a way to protect myself in case this happens? And is there a way for either me or management to just get him out legally and I stay where I'm at?
Thanks

RickJ · Feb 9, 2006, 06:22 AM

The short answer: No. Unfortunately, I see problems like this many times a year.

If he will not move out voluntarily, the best you can hope for is to give proper notice that you are moving - and the landlord releasing you from the Lease.

Are you two on a month-to-month at this point?

Fr_Chuck · Feb 9, 2006, 08:24 AM

Hello, actually unless he will leave on his own, or agree to let you leave, you are both stuck to pay the lease. If you just moved out, he can still expect you to pay your part of the lease since you are legally on the lease.

Also if he caused a large amount of damage, while you can sue him, the landlord can still hold both of your responsbile since both of you are on the lease.

tweetygirl06 · Feb 9, 2006, 04:15 PM

That's what I thought... it is a month to month lease, it's not locked into a time frame like a year or anything like that... so like if I move, then all I need to do is give a 30 day notice with the manager. Thanks for the input!

RickJ · Feb 9, 2006, 04:24 PM

Remember, though: Unless your landlord agrees to release you from the lease, then you'll remain responsible.

Fr_Chuck · Feb 9, 2006, 04:28 PM

Thus is the trouble, it is not just you that has to give notice, you and your room mate are "both" jointly on the lease. You will also have to give him a 30 day notice that you are moving out.

So you have to give both the landowner notice, since you are moving out on the rental ( if your roommate stays, you will not get any deposit back, since he is still living there..

And you will have to give your roommate notice, since you have agreed to share the rent with him.

Do it in writing, get proof of delivery if possible, that way they can't saylatter you never told them.

Some little buzz in the back of my mind that I am forgetting something, anyone else think of what else he needs to do.