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Two of my cousins and I signed a 1 year lease for a place almost a year ago. The lease has me listed as the tenant and my two cousins as co-occupants.
One cousin and I are having problems with the other cousin. He is refusing to pay the whole portion of his share for rent and refusing to move out. He has been paying only half for the past two months due to losing his job and having financial hardship.
What actions can we take against this roommate. Our lease is up at the end 8/2011 and all three of us have to be out then. We will not be renewing the lease and would want his property removed from the house. What can we legally do? Who is going to be legally responsible once we leave and he refuses to vacate?
If your lease is up 8/11 and you are not rewing and plan to move out, move. Why worry about what your roommate will do? If he wants to stay, he has to sign a lease and pay rent. You proably will not get your deposit back if he doesn't leave and action has to be taken by the LL to get him out.
Isn't the fact that the OP is the "tenant" and the others listed as additional occupants important? I would assume that means that the OP would be responsible for any monetary losses the LL may have. So if they have to spend $1500 evicting the tenant, and the deposit is only $1000, they should expect to get a bill.
We don't do the whole "tenant" vs "occupant" thing, but that would be my expectation if the lease is written that way.
So the tenant would have to pay any expenses, and then try to collect from the occupant.
So, if I'm listed as "the" tenant and the others are co-occupants, I can MOVE - everything out. And I would do so. Tell the landlord you lost one of the keys and to take rekeying the locks out of the security deposit. Then take your cousin to small claims court for back rent, the amount of security deposit you do not get back and for the cost of moving his (?) crap out.
So, if I'm listed as "the" tenant and the others are co-occupants, I can MOVE - everything out. And I would do so. Tell the landlord you lost one of the keys and to take rekeying the locks out of the security deposit. Then take your cousin to small claims court for back rent, the amount of security deposit you do not get back and for the cost of moving his (?) crap out.
I would think that would be difficult to pull off in today's sue happy society without having the police show up for a theft charge.
Isn't the fact that the OP is the "tenant" and the others listed as additional occupants important? I would assume that means that the OP would be responsible for any monetary losses the LL may have. So if they have to spend $1500 evicting the tenant, and the deposit is only $1000, they should expect to get a bill.
We don't do the whole "tenant" vs "occupant" thing, but that would be my expectation if the lease is written that way.
So the tenant would have to pay any expenses, and then try to collect from the occupant.
If they are listed this way, the tenant can evict the "occupant" himself.
You signed the lease. One cousin is moving with you. tell the landlord when the 2 of you will be out. you probably paid a security deposit and may lose it, but without a lease signed and with this person as an occupant, I do not think the landlord will come after you. he will go after the cousin who won't move.
I would call now and let the landlord know your exit date.
Sounds like all of you signed the lease, right? That's what it sounds like in your post. You are all responsible if that is the case. When my S/O and I signed our lease I was listed as 'the' tenant but it was plainly explained to us that both parties were equally responsible for rent/damages etc. We both signed the lease, both equally responsible should there be any default.
Koale
Just a note about evictions of co-occupants. My landlord allows me to do verbal, month to month agreements when I take on a roommate. In my state, even if you have just a verbal agreement with someone that person is still entitled to an eviction process.
I made the mistake of skipping the background check for a very nice person. He had a felony conviction and was dealing drugs out of the bedroom. I was not legally allowed to dump my felon's stuff onto the front lawn. Since he was only there for 3 days, I was allowed to take his keys, return his money and tell him to find somewhere else to stay. Then I re-keyed the locks. Sort of like an annulment. I was advised to store the furnishings for a specified period of time because there are additional laws that cover a persons personal property.
Check your local laws on the eviction process for a co-occupant, as well as what your lease says about it. You may be allowed to remove your cousins items from the apartment on moving day, but you may need to store them somewhere, where your cousin can collect them later.
Last edited by TheWayISeeThings; 08-02-2011 at 11:22 AM..
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Well..
