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


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.

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