The lease and the new lease...

[geirma]

I had problems with one of my roommates not paying rent and my landlord threatened to kick all of us out unless I paid what she owed and signed her off of the lease. Well after a previous post I found out that we can not legally sign her off without her permission and she still has legal rights to the property. I explained this to the landlord and asked him to legally evict her. He said he didn't want to cause it would be expensive then started saying that he would have to evict EVERYONE (eventhough I have paid everything including what she owed) and told me I didn't want that cause it would look bad on my record. He pretty much told me to suck it up but I do not want to pay the entire rent if she still has the legal right to live at the house cause I know she will NEVER pay me back.
Is there anything I can do to force my landlord into evicting her or is there any action I can take to do anything?
Please help!

 

[MorgansDaddy]

Perhaps you could contact the former roommate and tell her you will forgive all the rent you paid for her if she will simply sign off the lease because it isn't likely you will ever see a penny anyways. Further you could present the option to the landlord that you find a new roommate to sign on to the lease once she legally signs off, of course pending his approval of the new roommate.

 

[fredrikklaw]

I don't think so!

So, evicting the non-paying tenant would be expensive for the landlord, but he is willing to evict the rest of you because that is not going to cost him anything? And what would be his cause for evicting the rest of you; for paying rent and for being tenants in good standing?

He (the landlord) is way out of line for making illegal threats to evict you and for trying to force you to do his job, which you should not under any circumstances. It would have been one thing had you been the only name on the lease, but you are not the only name on the lease and you are not the landlord and it is not your job, nor are you permitted to either collect rent from the other tenants or to remove anybody from the lease. Your responsibility is to pay your share of the rent and the utilities and basically be a good tenant, which you have done and are continuing to do. The rest is on his plate, and there is no two ways about it.

And of course there is something you can do to fend him off!

Under Landlord-Tenant law, what he is threatening to do comes under Retaliatory Eviction and should he be stupid enough to go through with it, not only will he not prevail, but he also stands to be liable in damages to you and the other tenants for his retaliatory act.

Write him a letter and send it certified, return-receipt via U.S. Mail and in it explain in no uncertain terms what we have discussed here, letting him know exactly that his threats are unfounded and illegal and that it is not your job to pay anybody else's rent or collect it from them. Also write that you like living there and have done nothing in violation of the lease and should he file an unlawful detainer action to evict you that you will counter claim for retaliatory eviction and ask for damages accordingly.

I have seen it done up front and personal and three years ago I even helped a friend who was less than a day from eviction with exactly the same problem. Not only the judge stayed the eviction, she was also awarded $3,200 in damages payable by the landlord and her lease was reinstated.

fredrikklaw

 

[MorgansDaddy]

It could also help to let her know that this is the only way to get a new roommate and let her know that is the only way you can continue to stay in the apartment. Also, if you don't soon find a resolution, the landlord will evict you both and will sue you both for rent owed.

 

[geirma]

Thank you fredikklaw!!!
And I guess I forgot to mention that the roommate refuses to talk to the landlord and refuses to talk to me... and it goes without saying that she refuses to sign herself off of anything.

 

[army judge]

Thank you fredikklaw!!!
And I guess I forgot to mention that the roommate refuses to talk to the landlord and refuses to talk to me... and it goes without saying that she refuses to sign herself off of anything.

Your "room moocher" is waiting for her chance to sue someone.

She has done her research and wants to defend with unlawful eviction or retaliatory eviction.

She sees a money tree!

 

[fredrikklaw]

Lease is a contract!

Well she (the missing roommate) can do what she pleases; talk or not talk, pay or not pay, but what she cannot do even if she wanted to is "take her name off the lease" arbitrarily; it simply does not work that way and it is an absolute misnomer to think she can.

She signed a lease, which happens to be a contract, and as such she alone is responsible for the performance of her duties under the terms of the lease, PERIOD! Unless there is a clause which direclty contradicts the No Assignment & Delegation clause of the lease stating that in the event of non-performance by one tenant, other tenants shall be deemed to be responsible for all payments due; which I highly doubt. So as long as you and the other roommates continue performing your duties, you are going to be just fine and there is not a single thing the landlord can do.

It does not pan out however you look at it and just for the sake of argument let's look at this from the worst case scenario angle, which would be the landlord commencing a lawsuit. As plaintiff, he is going to need to name a defendant or defendants against who he would state his claims and set out his cause(s) of action and ask for damages. He won't be able to name you and the others as defendants because you have not breached the lease one way or another and he has no cause of action against you all. And I will say it again, that if he is stupid enough to commence such an asinine and baseless lawsuit, then you can add Malicious Prosecution to your list of counter claims which would already have on it Retaliatory Eviction as the first cause of action.

He is a tin-pot bully; hang in there, stick to your guns, and you will call his cheap bluff.

fredrikklaw