What to do if my landlord will not respond to my request to file eviction process on co-tenant who will not pay rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my landlord will not respond to my request to file eviction process on co-tenant who will not pay rent?

I signed a 1 year lease with girlfriend. After 5 months she had other people sleeping on the sofa and not contributing money. I moved out and informed the landlord of the situation. My landlord would not respond to multiple emails, fax and complaints that I filed with Rental Protection Agency. It has been 9 months since I moved out and my roomate boyfriend and his son are still living in apartment and have not paid rent. What are my rights?

Asked on January 20, 2012 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The landlord does not have to evict your co-tenant; if the landlord is not getting the full rent, he or she could evict, but is not obligated to--another option is to sue for the rent money. The landlord can hold both you and your co-tenant responsible for the rent, and could sue  either or both of you. You also cannot terminate the lease due to your cotenant's actions.

You could potentially sue the cotenant for the cotenant's unpaid share, since the cotenant, like you, is obligated under the lease. Your only recourse, in a situation like this, is against the co-tenant, not the landlord; the landlord has not, based on what you have written, done anything wrong and therefore has no liabiltiy.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption