Lease issue -- kicking out a roommate (credit, tenants)

[lalucha]

My roommate has been smoking inside, against the terms of our lease and our agreement with each other. I've had enough! I found this place, I don't have the money to move out, so I want her to.

I'm not from around here and don't know the tenancy laws. Is there some way I could get the landlord to kick her out but let me stay? She has also melted the microwave, burnt the benchtop, and spilled paint all over the floor. WHat a nightmare!

[Bilirubin]

Whose name is on the lease? Yours, hers, or both? I think this is the most important issue so that people can help you.

[Jaysk8]

Not so simple, but it happens at our units.

Assuming both names are on the lease, you'll need to find a qualified roommate to take her place and work with the manager. You might have to pay for the background check fees yourself. It's in the best interest of the manager to continue the lease with happy tenants.

[Babytarheelz]

Yep, need to know whose name is on the lease. Who is the agreement between, you and the landlord, you and her and the landlord, or you and her?

No matter what, you're going to have a problem if she doesn't want to leave. You can't just "kick" her out. If she has broken the terms of your agreement with your landlord, then if you blow the whistle to your landlord, they'll kick you out too. Unfortunately, when you enter into a legally binding lease agreement, you're both held equally responsible to the terms. Say for instance she moved out and trashed the place and you have no idea where she went. You'll be the one held ultimately responsible. That's the tricky business about having roommates. You're responsible for her bad actions.

The best case scenario is that she will willingly leave. In this case, you'll have to talk to your landlord about how to proceed. Typically, you'll have to requalify for the property on your own, or add a new roommate to the lease. If you qualified for it originally by including her income and credit, that could present a problem, but that just depends on your personal circumstances.

Something else to note is your deposit. If she paid money into it, she won't be able to recover it right now from the landlord. You'll have to settle up with her on that since it will come back to you when you move out. Now you said she has made some damages to the home. Try to get that from her before she leaves. It'll be your responsibility to do so, not the landlord. The landlord can't do anything with the deposit until you move out. So get an estimate of the damages from the landlord or another professional if you don't feel comfortable going to them and try to get that money from her before she leaves. That way you'll be covered for when it comes out of the deposit when you move out.

If you have any other questions, feel free to PM me.