My roommate and I share a lease. He has allowed his girlfriend to move in with us, against my will, and she is not on the lease. Neither of them have paid rent or bills on time in the 6ish months they've lived with me. They have broken many of the landlords rules i.e. pets, smoking indoors, drugs, etc. In a last attempt to get them out, I went to my landlord once they were over 2 weeks late with rent. The rental company made him sign a document that his girlfriend had to be out by a certain date (5 days from the day he signed this) and that he would move out and be taken off the lease by 3/29/13 (15 days after he signed this document.) I also signed this. It is now 4/2/13 and he has made no attempt to leave. My landlord told me to put his things on the porch and they will change the locks. If I do this, I would like to take his cat to a shelter and tow his car off the lot. Is any of this legal? Can I get in any trouble in any way at all?
Dear Morgan: Generally speaking, the law requires that the landlord go through the proper legal channels to evict someone from the property. The law does not permit a co-tenant to evict another co-tenant. Since you both share a lease, you are co-tenants. If the other tenant was sub-leasing form you, that would be different. But since you share the lease, you both have the same legal rights to the premises.
If you do perform any of the above, your co-tenant could potentially sue you for damages, including any damage to his belongings, moving expenses, living expenses until he finds a new place to live, etc. He could also contact the police and file a complaint against you.
If he is breaching the terms of the lease, then you need to inform your landlord and demand that they formally evict him from the premises. If he is breaching the agreement with the landlord that he would move out by a certain date, then he is potentially a holdover tenant, and the law provides the means for a landlord to evict him. But it is up to the landlord to do this, not you. If you assist the landlord with an improper/illegal eviction (i.e., move his stuff out, change the locks, etc. without a proper court order) you could be held equally as liable as the landlord.
You pay rent to the landlord to protect you against this stuff. Make the rental company do their job and evict him properly and legally.
Best of luck to you.
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