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    jaylee82's Avatar
    jaylee82 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 21, 2011, 12:03 PM
    My roommate and I signed a lease, he refuses to pay rent but also refuses to leave
    What should I do if my roommate refuses to pay rent/utilities/food but also refuses to leave? His name is on the lease but he did not pay any of the rent or security deposit.
    skipper6567's Avatar
    skipper6567 Posts: 4, Reputation: 0
    New Member
    		  
    #2

    Dec 21, 2011, 12:18 PM
    Sorry to hear about this situation. You have to use the law,courts to get get him out. I own a few 2 fam homes and have used the law to handle my problem tennants. The local courthouse will be able to advise you on how to file a cliam. It's a civil matter but could go to small claims or housing. I would try talking to landlord and see if they will provide a notorized statement or even be a whitness. One thing to be sure of is have paperwork to back up anything you say,more paperwork showing you have been paying the bills the better. Chances are this deadbeat will get out once the court papers show up in the mail! In my past these types of folks tend to NOT want to be around the legal system. Go online and search your local court civil procedures,Im no attorney,but with the internet and some time researching you will be fine. Good luck skipper6567
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #3

    Dec 21, 2011, 12:19 PM
    Study up on eviction...

    And stop bringing ANY food into the place... I had to do that once before. The deadbeat can't eat what's not there.

    I would have a discussion with your landlord too... so you don't ruin YOUR credit rating.

    If he doesn't pay, legally YOU have to cough up the entire thing.

    You could also try dragging him into small claims court to get your money back.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #4

    Dec 21, 2011, 12:22 PM
    You have to sue him, but even then he might not pay, and he might know it...
    Roommates who don't pay can get away with this, over and over.
    Your best bet is to talk to the landlord about the entire truth. He might be willing to evict just the roommate instead of both of you. But he is free to not only evict both of you but also to sue either one of you for the entire rent, and that could be you, if you have a more secure income.
    There is no easy solution. You could cut off the electric, empty out all food and eat at MacD's. Make his life miserable. Yours will be too until he leaves.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Dec 21, 2011, 12:58 PM
    Since he is on the lease, YOU can't evict him, only your landlord can. You can sue him for his share but you will have to pay the full rent otherwise your landlord can evict you.

    Talk to your landlord and file in small claims court to recover what he should have paid.
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