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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Evicting A Roommate Refusing To Pay Rent Increase

    My question involves a roommate in the State of: California
    Hi,
    In 2007 I took over an apartment from the original tenant who had lived in it for 6 years. We were roommates for 2 years and were both on the lease. When he moved out I got another roommate and we were both placed on a new one-year lease. The terms I had set up with this new roommate were that all bills would be split 50/50 but he would pay $100 more in rent. This was verbal agreement.

    About a month and a half prior to the lease ending we received a letter stating that the rent would increase by $100. In addition the lease would now change to month-to-month. He stated that he wanted to discuss the issue but never came to me about it. Two to three weeks after the increase notice (on the first of the month) I asked him to contact me within the week to discuss the increase. He did not. I called him and told him that he would be responsible for 25% of the increase and I would pay the remaining 75% changing our overall rent difference to a $50 difference. He agreed.

    A week after that conversation he left a note stating that he no longer wanted to be of tenant status and would only pay 50% of the rent. This also meant that he would not be contributing to the rent increase because if I paid the full increase then our split would be 50/50. I asked him to contact me and again he did not.

    I confronted him about the issue and told him that to live in the apartment also meant he was responsible for any increases; that we had a verbal agreement when he first moved in as to what his portion of the rent would be which he still needed to adhere to as well as contributing to the increase. If he was unwilling to or unable then he would have to give notice to the landlord that he would be moving. I also stated that he could take as long as he needed to move if he took that option but needed to tell me the following day how long he would need.

    He did not contact me at the specified time. I called him and left a message stipulating that he had until the end of the day to provide an answer otherwise he would have to move out in 30 days. He called several hours later and left a message stating that the rent from this point forward would now be a 50/50 split and he would not be moving.

    I alerted the building manager as well as the building owner about this conflict and was told that they would discuss it with their management company to see what their legal recourse was.

    My question is: Is his refusal to pay the increase an evictable offense? Can he change the terms of our rental split? And, is this a matter that a management company can step in and handle or will I have to obtain a
    lawyer and possibly take him to court in order to have him removed from the apartment? And, overall, do I have any legal recourse in this matter?

    Thank you for whatever information can be provided.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Evicting A Roommate Refusing To Pay Rent Increase

    Check your actual written lease terms - usually there is a "joint and several" clause that holds each of you responsible for 100% of the rent, including increases.

    I doubt your landlord is going to be willing to evict your roommate for failing to live up to his end of a verbal agreement.

    will I have to obtain a lawyer and possibly take him to court in order to have him removed from the apartment?
    Most likely. But if he's still on the lease, you're going to have a tough fight.

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