QUESTION

Can I take my roommates to court if they won't be able to pay their share in the rent?

Asked on Feb 27th, 2014 on Landlord and Tenant Law - Washington
More details to this question:
My boyfriend and I signed a lease to an apartment with another couple and within the week of moving in, they informed us she was pregnant with twins and that her boyfriend has no job. We are not even two months into the lease and he's already punched a hole in the wall and is not actively looking for work or contributing in any way. We have asked them if maybe it would be a good idea if they left but they refused, is there anything we can do?
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4 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Yes, you have to evict them. If there is no signed rental agreement, then in Idaho you have to give a 30-day notice to quit and then serve them with a complaint to leave.
Answered on Mar 03rd, 2014 at 11:56 PM

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You need to start eviction proceedings against them.
Answered on Mar 03rd, 2014 at 11:55 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Who is on the lease? See an attorney with details.
Answered on Mar 03rd, 2014 at 11:54 PM

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You should be able to do so for restitution. Several issues to consider include whether these people are also on the lease. If not, you would need to determine if they are considered sub-tenants, and also to make sure that your landlord has no issues with sub-tenants. If they are sub-tenants, you may be able to employ standard eviction procedures as if you were the original landlord. You should consult with an attorney prior to moving in this direction. If they are co-tenants on a lease and not sub-tenants, then your suit would be different. You would be seeking a partition of the tenancy and that is usually done through a regular lawsuit, not under the eviction procedures.
Answered on Mar 03rd, 2014 at 11:54 PM

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