Q: I'm on a month-to-month joint lease and need to find out how I can evict a roommate that has not paid rent in 3 months.
I've already filed for small claims, but the courts are currently closed. I need to know what I can do to protect myself financially and what I can do to get the current roommate to leave as I am still obligated by contract to cover their part of the rent.
A:
You are in a sticking situation. If you both are on the lease as co-tenants, only the Landlord can evict non-paying renter. PLUS: Depending on city/county you're rental is located, there are newly-placed holds on all eviction proceedings, for at least 60 to 90 days, due to Corona V.
Contact your landlord. Explain situation. Try to make a deal that you'll pay your share and seek new roomate, as soon as current non-paying roommate leaves or is evicted. In return, Landlord will not evict you or seek to hold you liable for non-paying roommate.
Note: You are jointly liable for the rent, along with all other named tenants. Hence, your Landlord can evict both of you and seek damages from both of you--Even if you pay your share.
Louis George Fazzi agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
