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3 answers

You need to let them know that unless they pay you all will be evicted. Don't cover their part of the rent. (Ok maybe at the last minute)

But this person needs to feel the full force of what they are doing. If they are not paying are they planning to move? When?
Get it in writing?

Start running an ad or looking for another roommate. Consider that they are going to be moving and let them know that they can't stay if they don't pay.

Best of luck,

2007-02-02 11:06:34 · answer #1 · answered by Anonymous · 0 0

It depends on the lease you both signed.

If the lease states that all roommates are responsible as a group for the entire rent, then you have to deal with the roommate personally.

If the lease states that each roommate is responsible for their share, as defined in the lease, then it doesn't matter what they do.

I've never seen a landlord willing to have a lease of the second variety, but I suppose its possible.

However, if you do have the former kind of lease - most likely, here are a few options:

1.) Confront the roommate with a legal document declaring they accept full responsibility for their share. For this to stick, you may need an official present at the time you present - a police officer for instance.

2.) Confront the landlord with a legal document stating that they will not hold you responsible for your roommates unpaid share of the rent and that if it goes unpaid, they will only go after the roommate that isn't paying.

This is not likely to be accepted by the landlord - they know that they have the right to collect from you even if your roommate isn't paying and they know that out of the two of you, you are more likely to make payment - history proves this and they are not going to put them self in a spot of collecting from someone who is neglecting their responsibility when they can collect from someone who is.

3.) Wait and see what happens. If you get evicted, you can sue your old roommate. Even if you end up having to pay rent for them, a judgement should allow you to do things like have their wages garnished until the debt is paid and would at least serve as proof to a new landlord that it wasn't your fault when they run a check on you and they find that you defaulted your lease. (remember - even if it was your roommate who was at actual fault, you are probably all at legal fault)

4.) Be careful who you pick for a roommate next time.

5.) Consider a separate contract between each roommate at your next place that says that each roommate is responsible for their share and if unpaid, will accept all legal and financial responsibility for the result of unpaid rent. This would mean that if one doesn't pay and everyone gets kicked out, the one that doesn't pay is responsible to covering everyone else's troubles that result. If a potential roommate is unwilling to sign such a document, question whether you want to live with that person.

2007-02-02 12:15:25 · answer #2 · answered by Justin 5 · 0 0

It depends on the agreement you made with them. you may be able to take them to small claims for it but not until you have evicted them. Post a notice on their bedroom door with the date stating that they must pay you x number of dollars in rent by a certain date or be moved out within 30 days of the notice. This serves as a legal document. If they do not pay or move out by the date then you can get the police involved in evicting them and possibly seize property to compensate for the unpaid rent.

2007-02-02 11:08:50 · answer #3 · answered by Miss_Mango 2 · 0 0

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