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Posted by TenantNet on October 17, 1998 at 22:02:00:

In Reply to: Re: How do I kick out a roommate who IS on the lease? posted by Israel on October 13, 1998 at 21:09:18:

: It is all in the details. This person is on the lease, right? Well,
who was the first leasee? You? Is this a rent stablized building or a
private house (less than six families). All these questions have to be
asked, including how the rent is paid. Ask the person if she's willing to
move for money? I will check back.

It really shouldn't matter who signed first. Both should have equal rights
and equal responsibilities (assuming this is where both really are on
the lease and not a roommate situation with only one on the lease). Indeed,
chances are the lease makes both jointly and severally liable. If rent
regulated, the owner must renew for both. If not regulated, it's up to
whatever the owner will agree to. Unless the roommate is unbalanced
or threatening, it would be difficult to remove the roommate's tenancy
rights -- if would take a court proceeding. If she won't leave, even
at the end of the lease, then the easiest option is for the tenant
who left the message to leave. Situations like this never have elegant solutions.

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Comments:
: : It is all in the details. This person is on the lease, right? Well, 
: who was the first leasee? You? Is this a rent stablized building or a 
: private house (less than six families). All these questions have to be 
: asked, including how the rent is paid. Ask the person if she's willing to 
: move for money? I will check back.

: It really shouldn't matter who signed first. Both should have equal rights
: and equal responsibilities (assuming this is where both really are on
: the lease and not a roommate situation with only one on the lease). Indeed,
: chances are the lease makes both jointly and severally liable. If rent
: regulated, the owner must renew for both. If not regulated, it's up to
: whatever the owner will agree to. Unless the roommate is unbalanced
: or threatening, it would be difficult to remove the roommate's tenancy
: rights -- if would take a court proceeding. If she won't leave, even
: at the end of the lease, then the easiest option is for the tenant
: who left the message to leave. Situations like this never have elegant solutions.



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