Renting and the law: Tenant wants landlord to help get rid of roommate

  • Article by: KELLY KLEIN
  • Updated: July 20, 2013 - 2:00 PM

Q: I have two tenants living together in an apartment I own. The young man is paying all the rent, and his female roommate has not been contributing at all. He would like her to move out, but she will not. They are on a month-to-month lease and both of them are named on the lease. He wants to know what he can do to get his roommate to move out. I am just trying to figure out how to handle this situation in the best possible way. I am getting the rent every month, so it hasn’t been an issue for me, but I would like to help him out. Could I give them notice that I am not renewing their month-to-month lease, thereby forcing her out? Then, I could draft a new lease for him. If she refuses to move out, what are our options? I have not yet had to deal with this type of situation so your advice on how to handle it would be helpful.

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GroovyCDJul. 21, 13 1:55 PM

Klein states that "a landlord always has the right to refuse to renew a lease, so long as the decision not to renew isn’t made for an illegal reason such as retaliation or discrimination." Yet, she is recommending that the landlord give the man a notice to vacate, although the landlord's only problem with the tenant is the fact that the tenant complained to him about the roommate not paying rent. Sounds like retaliation to me!

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