If my roommate is moving out because one of my friends is staying here for a couple months, what can I do if my roommate refuses to pay rent?

My roommate, who isn’t on the lease, is furious because someone’s staying here temporarily. Now he is moving out at the end of the month but he refuses to pay the rent for last month and I’m sure he will refuse to pay this month’s rent as well.

Asked on July 31, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your roommate who is moving out due to the number of people in the rental is not on the written lease with the landlord and there is no written lease as to the roommate who is moving out, then he is under the laws of all states in this country on a month-to-month lease.

If he refuses to pay the rent owed for the rental, your recourse is to bring suit against him in small claims court for what is due and unpaid.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.