Is their any legal way to have roommates evicted if they aren’t paying their portion of the rent?

UPDATED: Mar 2, 2012

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Is their any legal way to have roommates evicted if they aren’t paying their portion of the rent?

A good friend of mine and her husband are living with another couple in a rented town home. At one point, the couple failed to pay their portion of the rent for 4 or 5 months. They have paid back a portion of the money, but my friend is seeking information on if there is a way to have them removed from the apartment, as they are also very obnoxious and dirty. One partner in the couple is not on the lease.

Asked on March 2, 2012 under Real Estate Law, Texas


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 11 years ago | Contributor

In Michigan, this issue is resolved based upon landlord/tenant law. Landlord/Tenant agreements are generally based upon the rental/lease agreement. In this case, tenants do not have a legal right to evict other tenants due to a failure to pay rent because often times no contractual relationship exists between those tenants and the landlord. The best solution is to either move or atleast notify the landlord because the landlord has a right to evict all parties due to a nonpayment of the rent balance. 

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