Can I take my roommates to court if they won't be able to pay their share in the rent? 9 Answers as of March 03, 2014

My boyfriend and I signed a lease to an apartment with another couple and within the week of moving in, they informed us she was pregnant with twins and that her boyfriend has no job. We are not even two months into the lease and he's already punched a hole in the wall and is not actively looking for work or contributing in any way. We have asked them if maybe it would be a good idea if they left but they refused, is there anything we can do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Yes, you have to evict them. If there is no signed rental agreement, then in Idaho you have to give a 30-day notice to quit and then serve them with a complaint to leave.
Answer Applies to: Idaho
Replied: 3/3/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
To answer the first part of your question; if they don?t pay their share of the rent you can take them to small claims court. The problem is if they can?t pay to begin with why would they be able to pay after a judgment? So, is it worth your effort to get a judgment you can?t collect? The second part, how do you get them to leave, depends on whether they signed the lease with the landlord or not. If they did, then you probably need to carefully contact the landlord and see if you can get him to evict your co-tenants without getting yourself evicted! If they did not, then they are your sub-tenants and you can use the eviction process to get then to leave. Be careful, you can be held liable to the landlord for the entire amount of any rent or repair bills due if their is a default. It might be better for you to move out than take a chance on incurring greater liability.
Answer Applies to: California
Replied: 3/3/2014
Durham Jones & Pinegar | Erven Nelson
You need to start eviction proceedings against them.
Answer Applies to: Nevada
Replied: 3/3/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
They have a right to possession, same as you. If you pay the rent and they don't, you can sue them for contribution and get a money judgment.
Answer Applies to: New York
Replied: 3/3/2014
Law Office of Darin Kanfer | Darin J. Kanfer
You can inform the landlord of the damage caused and see if she/he wants to evict him/them. Otherwise you could sue them for their share of the rent that they fail to pay.
Answer Applies to: Michigan
Replied: 3/3/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Who is on the lease? See an attorney with details.
    Answer Applies to: Michigan
    Replied: 3/3/2014
    Harper Law Offices, Inc. P.S.
    Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
    You should be able to do so for restitution. Several issues to consider include whether these people are also on the lease. If not, you would need to determine if they are considered sub-tenants, and also to make sure that your landlord has no issues with sub-tenants. If they are sub-tenants, you may be able to employ standard eviction procedures as if you were the original landlord. You should consult with an attorney prior to moving in this direction. If they are co-tenants on a lease and not sub-tenants, then your suit would be different. You would be seeking a partition of the tenancy and that is usually done through a regular lawsuit, not under the eviction procedures.
    Answer Applies to: Washington
    Replied: 3/3/2014
Click to View More Answers: