How can I evict my roommate?

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How can I evict my roommate?

I rent an apartment. My father signed the lease although he does not live with me. My boyfriend was added as a tenand but now we are breaking up and he refuses to pay his share of the rent but will not leave. Do I have any legal recourse?

Asked on October 1, 2012 under Real Estate Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot evict your roommate from the rental that you have unless you have a roommate agreement in writing between you both setting forth the obligations you each owe the other for the simple fact that you are not the landlord.

Your recourse is to speak with your landlord about the situation to see if the landlord will evict your roommate who is not paying rent owed on your behalf.


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