Landlord Question and Answer Forum

I have a lease with two room mates, they share the rent and utilities, one of them is having a hard time paying while the other has paid her share of the rent to me. question is can I get the one who is not paying out while keeping the other there while she finds a new room mate? I've been a landlord for 48 years and have never had to deal with this situation. would like sum feed back before heading to my lawyer for help. thanks

lf the rents not getting paid issue a "remit or vacate notice to both". Let them work the problem out.

Posted by Matthew M, IL on Monday, March 2, 2020

I'm assuming the lease is "joint and several" which means both are responsible for the entire rent, if the entire rent isn't being paid, you legally have to evict both. If the non paying roommate can see reason, maybe he/she will move out without being evicted. I had this one time, guy moved in a girlfriend and female roommate was at the end of her rope. He was lying to me and threatening her, she showed me emails and voicemails. Girl ended up moving in with my son for eight months as son needed a roommate. So I started eviction for both, legally, but judge dismissed hers as she had left the property. Jerk roommate got out before eviction date. We tried to reason with him before going that route. He came around later and harassed my new tenants, he was SURE I had moved the female back in with a new roommate. Which I could have legally done. But I agree with Matthew that it's mostly between the two of them.

Posted by John P, IL on Monday, March 2, 2020