What To Do When Your Roommate Doesn't Pay Rent

Roommates can be both a blessing and a nightmare. On one hand, they can offer companionship and financial offloading, but on the other, they can be a social and financial nightmare. However, don’t fear, there are procedures you can follow to help abate the scenario where you have a bad roommate.

Depending on the type of living arrangement you have with your roommate, you can either pronounce your situation as either painfully hopeless or just plain painful. Either way, resolving the situation, in most cases, is not going to be easy. There are essentially two cases, namely, the one where your roommate is not on your lease. For example, you are the sole signer on the lease and you effectively have a sublease agreement with your roommate. The other case is a bit more to your disadvantage, and that is the case where both of your names are on the lease.

Starting with the case where you are the sole signer, you are now effectively playing the role of landlord. Note that in many states, a written contract may not even be necessary. Their simple presence in the property grants them an implied tenancy. You must legally determine how to terminate your lease with your roommate under your state’s current laws. For example, in California, you may terminate the lease if your roommate has neglected to pay rent, violated any provision of the lease, damaged any part of the rental property, used the property for illegal activities, or substantially interfered with other tenants. Take note that a provision of the lease could be anything from agreeing to not smoke in the apartment to not throwing parties. The limit on the type of provisions is pretty much limitless, and depends on what the two undersigning parties have agreed upon. Assuming that there is a legal reason for you to terminate the lease, you can now proceed with the eviction process.

The first step, of the potentially lengthy process, is to serve an eviction notice, which is also known as a three-day notice. This must be served in accordance under local law. Again, as an example, California requires that the landlord follow very specific procedures. As a landlord, you must mind the fact that landlord-tenant law for the most part will favor the tenant. Therefore, the courts will be extremely critical as to the procedures you follow during the eviction process, making it important that all served documents and agreements be recorded. In the case where the tenant corrects the violation and it is a violation that can be corrected, for example, by paying the late rent, then they are supposed to be given the option of continuing the tenancy and hopefully your problems are solved and you’ll live together happily ever after.

However, if the violation is not correctable, or is not corrected after the three day notice, the landlord may file with the superior court an unlawful detainer lawsuit.

This is where it may become quite drawn out, simply because going through legal proceedings can take time. Assuming that the court’s decision is in the landlord’s favor, then the court will issue a writ of possession, which orders local authorities to remove the tenant’s possession. This procedure can not be taken until after a designated number of days after the issuance of the writ of possession, as to give the tenant enough time to move out. Note during this entire process from start to finish, the landlord may not move the tenant or tenant’s belongings via self-means. For example, often times, landlords may be tempted to change the lock to the property. This in fact is illegal and will most definitely lead to monetary penalties against the landlord.

Given the fact that legal proceedings can be long and costly, it is to the advantage of both the landlord and the tenant to try to work matters out. In the end, it will save both parties time, hassle, and money.

Now pertaining to the case where both names are on the original lease; you now have your hands full. Because both your names are on the lease, the both of you are now responsible and liable. For example, if you decided to punish your roommate by moving out and leaving him/her with the unpaid rent, and the landlord was forced to serve an eviction notice because the rent was not paid in full, then both of your names will be on the eviction notice. The best option is to try to work out an agreement to rewrite or resign a new lease, removing one of the parties. Otherwise, you should march down to your local Fair Housing Agency and see what you can do under your particular circumstance.

The key point to take home from this article is the fact that you always want one person on the lease. The unfortunate event of having a bad roommate is a reality of life, but you can lesson the pain and hassle when it comes to getting rid of you roommate if you effectively hold the title of landlord between.