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Posted by Mark Smith on June 12, 1999 at 18:24:11:

In Reply to: Re: Kicking out a roomate posted by james on June 12, 1999 at 14:31:46:

Most of what James said is wrong. I think you should consult an attorney about suing your co-tenant for past and future unpaid rent.

: The advice to change your locks could have you wind up getting a summons from the police or even have you arrested for illegal eviction of a tenant of the apartment which is a misdemeanor. He would as a leaseholder, be allowed to get a locksmith and get in without your permissions. Even if he isn't living there I'm not sure that would be a good idea. If he came back, he might not call the police but he definitely could and get you in a lot of trouble. If he has another primary residence, I'm not sure if he can be a tenant on your lease anymore because of nonprimary residence. Just a thought. I agree you can have a legal roommate who lives with you, who you can share the rent with. A tenant of record is allowed to have a roommate. Just remember that after he lives there for 30 days, he becomes a legal tenant even though his name isn't on the lease. After two years he may be able to say that he is a family member and has succession rights to your apartment possibly. hope I've helped. You will have to renew your lease at some point. consult an attorney if your ex business partment doesn't know about the lease renewal, since he isn't around, maybe you can get the landlord to take his name off if you have proof he resides at another address. But again that could get you evicted if the landlord tried to start a nonprimary residence case against you because he no longer lives there.
: James

Follow Ups:

• Re: Kicking out a deadbeat co-tenant James 6/13/99 (2)
  • Re: Kicking out a deadbeat co-tenant james 6/13/99 (0)
  • Re: Kicking out a deadbeat co-tenant james 6/13/99 (0)
• Re: Kicking out a deadbeat co-tenant James 6/13/99 (0)

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Comments:
: Most of what James said is wrong.  I think you should consult an attorney about suing your co-tenant for past and future unpaid rent.

: 
: : The advice to change your locks could have you wind up getting a summons from the police or even have you arrested for illegal eviction of a tenant of the apartment which is a misdemeanor. He would as a leaseholder, be allowed to get a locksmith and get in without your permissions. Even if he isn't living there I'm not sure that would be a good idea. If he came back, he might not call the police but he definitely could and get you in a lot of trouble. If he has another primary residence, I'm not sure if he can be a tenant on your lease anymore because of nonprimary residence. Just a thought. I agree you can have a legal roommate who lives with you, who you can share the rent with. A tenant of record is allowed to have a roommate. Just remember that after he lives there for 30 days, he becomes a legal tenant even though his name isn't on the lease. After two years he may be able to say that he is a family member and has succession rights to your apartment possibly. hope I've helped. You will have to renew your lease at some point. consult an attorney if your ex business partment doesn't know about the lease renewal, since he isn't around, maybe you can get the landlord to take his name off if you have proof he resides at another address. But again that could get you evicted if the landlord tried to start a nonprimary residence case against you because he no longer lives there.
: : James


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