If I have a lease with a roommate but he is 2 months behind, what do I do?

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If I have a lease with a roommate but he is 2 months behind, what do I do?

We signed a joint lease. My roomate is 2 months behind on his half of the rent. I really don’t want an eviction in my name. My landlord offered to put the apartment on the listing and pay the half of the rental fee. I’m willing but they can’t do it without my roommate’s signature.

Asked on June 1, 2012 under Real Estate Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It becomes a sticky situation when these things happen because I am sure that the lease states that you are "jointly and severally liable" for the rent.  But it does seem that you are lucky in that the landlord is willing to work with you.  The unwilling roommate is the issue and the landlord may have to evict him in order to be allowed to re-rent if he will not sign anything relinquishing his rights to the apartment.  I would speak with some one about protecting your interests here.  Good luck.


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