Landlord Question and Answer Forum

I have 2 tenants(roommates) on 1 lease. They pay rent separately. One has paid this month, one has not. I issued a 3 day pay or vacate notice(per Washington law). One is willing to pay the rest of the month rent, then move at the end of the month. The other is not willing to pay, but wants to stay to the end of the month. Once the 3 days is up from the Pay or Vacate notice, the lease is void right? And I can do up a different agreement with the one willing to pay right? And can I follow through with an eviction for the non-paying roommate? Thank you :)

If you have 1 lease, both tenants really should be jointly liable.

Posted by Dawn A, WI on Tuesday, January 15, 2013

I agree, both tenants should be jointly liable. This is the same as if it was a husband and wife, both would have to go to court. I would evict the one and start a new lease with the other and take the lose from the one that did not pay. I think that if you go to court, you will have to take them both.

Posted by Gary S, TN on Tuesday, January 15, 2013

Just because 2 people are renting the same property that doesn’t mean that they are equally responsible. A lot has to do with the way the contract is written. This is especially true here due to the fact that both individuals are roommates in the owners house and not renting a unit from him…..The question that needs to be answered is “Is each individual equally responsible for the amount due by both renters or is each renter only responsible for his own rent portion?” -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.

Posted by Bob R, CA on Wednesday, January 16, 2013

Since I first posted this. The one roommate chose to move out during the 3 day pay or vacate. The lease is not void right? The other roommate wants to stay and get a different roommate. I want to know if in fact the original lease is now void because I had to issue the 3 day pay or vacate.

Posted by Megan W, WA on Thursday, January 24, 2013