Kent, OH asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Ohio

Q: What legal action can I take if my roomate is getting me evicted?

My roommate hasn't been paying his rent on time since October, but I never knew until December because neither he or the landlord told me. I was sent a possible eviction notice in December by the landlord and that's when I found out. I paid my half on time every month, but every month because of his late payments or lack of, we get a possible eviction notice. I ask my landlord if I can pay out of the contract, but she said they don't do that. My roommate blocked me on the phone and I had to move out and commute from home. He has paid with a credit card and disputed the payment 3 times, and the landlord is tired of it. He is no longer allowed to pay through online payment systems, so he sends me his and his mom's payment information to pay through my account. Is there anything I can do? It's a joint lease.

1 Lawyer Answer

A: If both you and your roommate signed the lease, then you are both fully liable to pay the entire amount of rent owed - joint liability. In an eviction, the landlord can sue both of you, get a judgment, and then collect from one or both of you, whichever landlord chooses. Try to work it out with landlord to avoid an eviction being filed. An eviction is a permanent public record, and can make it difficult to rent from a landlord who checks. Your landlord also can make an adverse entry on your credit report, lowering your credit score and making it difficult to rent.

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