What to do if my landlord will not respond to my request to file eviction process on co-tenant who will not pay rent?
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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 12 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.
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