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What To Do When Your Roommate Doesn t Pay Rent
oommates can be both a on the lease.
blessing and a nightmare.
On one hand, they can offer Starting with the case where you
companionship and financial are the sole signer, you are now
offloading, but on the other, effectively playing the role of
they can be a social and landlord. Note that in many
financial nightmare. However, states, a written contract may
don’t fear, there are procedures not even be necessary. Their
you can follow to help abate the simple presence in the property
scenario where you have a bad grants them an implied tenancy.
roommate. You must legally determine how to
terminate your lease with your
Depending on the type of living roommate under your state’s
arrangement you have with your current laws. For example, in
roommate, you can either California, you may terminate the
pronounce your situation as lease if your roommate has
either painfully hopeless or just neglected to pay rent, violated
plain painful. Either way, any provision of the lease,
resolving the situation, in most damaged any part of the rental
cases, is not going to be easy. property, used the property for
There are essentially two cases, illegal activities, or
namely, the one where your substantially interfered with
roommate is not on your lease. other tenants. Take note that a
For example, you are the sole provision of the lease could be
signer on the lease and you anything from agreeing to not
effectively have a sublease smoke in the apartment to not
agreement with your roommate. The throwing parties. The limit on
other case is a bit more to your the type of provisions is pretty
disadvantage, and that is the much limitless, and depends on
case where both of your names are what the two undersigning parties
have agreed upon. Assuming that supposed to be given the option
there is a legal reason for you of continuing the tenancy and
to terminate the lease, you can hopefully your problems are
now proceed with the eviction solved and you’ll live together
process. happily ever after.
The first step, of the However, if the violation is not
potentially lengthy process, is correctable, or is not corrected
to serve an eviction notice, after the three day notice, the
which is also known as a landlord may file with the
three-day notice. This must be superior court an unlawful
served in accordance under local detainer lawsuit.
law. Again, as an example,
California requires that the This is where it may become quite
landlord follow very specific drawn out, simply because going
procedures. As a landlord, you through legal proceedings can
must mind the fact that take time. Assuming that the
landlord-tenant law for the most court’s decision is in the
part will favor the tenant. landlord’s favor, then the court
Therefore, the courts will be will issue a writ of possession,
extremely critical as to the which orders local authorities to
procedures you follow during the remove the tenant’s possession.
eviction process, making it This procedure can not be taken
important that all served until after a designated number
documents and agreements be of days after the issuance of the
recorded. In the case where the writ of possession, as to give
tenant corrects the violation and the tenant enough time to move
it is a violation that can be out. Note during this entire
corrected, for example, by paying process from start to finish, the
the late rent, then they are landlord may not move the tenant
or tenant’s belongings via rent, and the landlord was forced
self-means. For example, often to serve an eviction notice
times, landlords may be tempted because the rent was not paid in
to change the lock to the full, then both of your names
property. This in fact is illegal will be on the eviction notice.
and will most definitely lead to The best option is to try to work
monetary penalties against the out an agreement to rewrite or
landlord. resign a new lease, removing one
of the parties. Otherwise, you
Given the fact that legal should march down to your local
proceedings can be long and Fair Housing Agency and see what
costly, it is to the advantage of you can do under your particular
both the landlord and the tenant circumstance.
to try to work matters out. In
the end, it will save both The key point to take home from
parties time, hassle, and money. this article is the fact that you
always want one person on the
Now pertaining to the case where lease. The unfortunate event of
both names are on the original having a bad roommate is a
lease; you now have your hands reality of life, but you can
full. Because both your names are lesson the pain and hassle when
on the lease, the both of you are it comes to getting rid of you
now responsible and liable. For roommate if you effectively hold
example, if you decided to punish the title of landlord between.
your roommate by moving out and
leaving him/her with the unpaid
About the Author:
Professor P is an editor at http://www.roomapes.com , a site where you can post, search, and rate roommates.
Read more articles by: Professor P
Article Source: www.iSnare.com |
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