QUESTION
How long can I give my roommate to vacate if she has not paid rent?
Asked on Dec 19th, 2011 on Landlord and Tenant Law - Arizona
More details to this question:
I am the main lease holder on my apartment. My roommate is consistently late with her rent payments. I have spoken with my landlord's representative about the situation and I am currently following their advice to remove my room mate from the lease. How long do I have to give her to vacate the apartment and what is the procedure?
4 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Just start eviction proceedings.
Answered on Jul 02nd, 2013 at 10:08 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Unfortunately, your roommate's failure to pay her share is your problem, not the landlord's. You are going to have to cover her and then sue her for what she owes you. Unless, your lease somehow covers this.
Answered on Dec 20th, 2011 at 9:09 PM
Kevin Elliott Parks
Under Oregon law, there's no such thing as "main" lease holders. Either your roommate's on the lease, or she isn't. Either way, though, you can't legally evict her at all. That's a right only the landlord maintains. And, depending on what the landlord advised you to do, there's really no easy/clean way to "remove" her from the lease and thus there really is no set procedure for giving her time to vacate, etc. You can hope she acquiesces, but if she doesn't and otherwise attempts to enforce her rights to occupancy of the unit under the lease, she'll likely be able to. In addition, I'd be wary of trusting your landlord's advice on how to go about this process, as they're not necessarily a disinterested party. The easiest way to go about the process, of course, is if your roommate simply agrees to move out, brings her past due rent up to date, and then all is well. Failing that, your landlord may have to go through the process of securing an eviction, via the court's FED procedure (something you cannot do). Depending on the terms of the lease and other facts, you can have all parties to the lease (landlord and all tenants) sign a amendment that changes the parties to a lease, but if there's any potential for a problem or an issue, you might be best served to terminate the current lease, if you can, and then sign a new lease with the landlord for the property.
Answered on Dec 20th, 2011 at 8:33 PM
Your sub-tenant may be a "tenant" or a "roomer." As defined in the Arizona LL/T Act, " 'Roomer' means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove or sink." What you describe sounds like a "roomer." The Act further provides, "Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month." (See ARS Sec. 33-1314(D)). The notice requirement is determined by whether your sub-tenant is a "tenant" or a "roomer." The Act states, "The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice." (See ARS Sec. 33-1375(A)). Almost nobody pays rent weekly, but if that applies to your situation, then you must give a ten day written notice. If your sub-tenant is not a "roomer," then you must give thirty days advance notice.
Answered on Dec 20th, 2011 at 5:38 PM