roommate won't pay rent / eviction.

[meowroar]

My roommate has giving the leasing office checks for the last two months that bounced, while I paid my portion of the rent on time. She refuses to pay up, and we are now about to be evicted (we signed a lease together). Is there anything I can do? I know that they have the ability to let one roommate out of the lease as long as we both sign the paperwork - should I talk to her about taking my name off the lease before the eviction goes through? What are my options? I talked to my apartment manager and briefly about the situation, and she is understanding of my situation and willing to work with me however she can, but her hands are tied as far as eviction goes. I'm concerned about my credit and rental history.

 

[Gail_in_Georgia]

Typically all tenants on a lease are responsible "jointly and severally" for what is stipulated in the lease. That means all are responsible for what is stated in the lease (i.e., rent for example). This is why in the eviction process there's a tendency to evict ALL who are listed on the lease.

It is important to understand that a landlord/management cannot actual evict anyone; only a court can provide a judgement of eviction. The steps toward this are typically to provide the tenants with a notice to remedy a situation within a certain period of time and if this is not done, begin the eviction process. All tenants on the lease would then receive a notice from the court regarding a hearing on this matter. At this hearing you could present documentation that you have paid your share of the rent and thus it is your roommate, not you who should be evicted.

Since the apartment manager has indicated an interest in working with you, it would make sense to sit down with her and (if you can), pay your roommates owed rent with the understanding that the roommate would be signed off the lease while you could stay; you then turn around and sue the now-ex roommate for her amount that you paid.
Management might be willing to work with you on this approach, especially since we have entered the time of the year where it is often difficult to find renters.

Gail