Can my roomates kick me out if my name is on a lease that we all signed together?

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Can my roomates kick me out if my name is on a lease that we all signed together?

I recently found myself in a financial pickle. I moved to one town but am employed in another.  However it turns out that I cannot afford the travel without a car. I am searching for new employment but have not found anything yet, if I am kicked out I have no where to go. What are my options?

Asked on February 16, 2011 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

No, your roommates cannot kick you out or evict you, even if you can't pay your share. Even the landlord can't kick you out in that situation IF the lease is for all of you jointly being responsible for the total rent, which is how it's almost always done. (If the lease separately provided how much each person is responsible for and you don't pay your share, then the landlord could kick you out.)

What could happen in the typical situation is this: if your roommates don't cover the shortfall, ALL of you could be evicted for nonpayment--they have to make up your share. They would then have the right to sue you for the money you should have paid but which they had to lay out on your behalf.


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