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Posted by DK on October 08, 1999 at 20:53:43:

In Reply to: 2 lessees -- How do I get one off? posted by Rob on October 05, 1999 at 21:10:29:

You are co-tenants under the lease. Effectively, that means that you are partners. If the
arrangement goes sour, you are still both responsible for the lease and you are both entitled to
occupy the apartment.

So, you could sue your co-tenant if the co-tenant does not pay his share of the rent. But you are still
responsible for paying the landlord until the lease expires and you move out. If you want to evict your
co-tenant (in NY) for non-payment of the rent, you cannot bring a summary eviction proceeding in Housing Court.
Instead, you are relegated to a plenary action for ejectment which can take a long time. You could also sue the co-tenant
(her father) in small claims court (up to $3,000) for his share of any unpaid rent.

If one of you should move out, the other can get a roommate to make up the difference in the rent.

The moral: you entered into this partnership; you really have to try hard to make it work.

: Okay.. I am on an apartment lease.... my roommate's dad is the other person on the
: lease.

: She lives in the apartment -- but its his name on it, as well as mine.
: If she is a pain, and I want her to move out.. do I have any legal
: way to get her out, with or without getting her dad's name on the lease.

: Or am I stuck? What if she doesn't pay the rent to me -- I write one big check..
: Then I just go after her? Or her dad since he is on lease...

: Is there any way for me to get rid of her??

: Thanks!

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Comments:
: You are co-tenants under the lease. Effectively, that means that you are partners. If the
: arrangement goes sour, you are still both responsible for the lease and you are both entitled to
: occupy the apartment. 

: So, you could sue your co-tenant if the co-tenant does not pay his share of the rent. But you are still
: responsible for paying the landlord until the lease expires and you move out. If you want to evict your
: co-tenant (in NY) for non-payment of the rent, you cannot bring a summary eviction proceeding in Housing Court.
: Instead, you are relegated to a plenary action for ejectment which can take a long time. You could also sue the co-tenant
: (her father) in small claims court (up to $3,000) for his share of any unpaid rent.

: If one of you should move out, the other can get a roommate to make up the difference in the rent.

: The moral: you entered into this partnership; you really have to try hard to make it work.

: : Okay.. I am on an apartment lease.... my roommate's dad is the other person on the
: : lease.

: : She lives in the apartment -- but its his name on it, as well as mine.
: : If she is a pain, and I want her to move out.. do I have any legal 
: : way to get her out, with or without getting her dad's name on the lease.

: : Or am I stuck? What if she doesn't pay the rent to me -- I write one big check..
: : Then I just go after her? Or her dad since he is on lease...

: : Is there any way for me to get rid of her??

: : Thanks!


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