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Author Topic: can i kick someone out until they pay their half of the rent?  (Read 1956 times)

jbeans

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Re: can i kick someone out until they pay their half of the rent?
« Reply #10 on: May 08, 2006, 05:16:28 PM »
so here is the updated situation.  Today we received another eviction notice.  I went to the rental office to ask if my roommate had paid her half yet and they said that she had not, but that they had my half of the rent (which I paid on time).  The woman told me that about a week ago my roommate went to the office and told them that she would be two weeks late on her rent because she spent all of her cost of living loan on gas and doesnt have any money to pay the rent.  AKA, she spent her school loans on travelling back and forth to another city to visit her boyfriend and go to parties.  The manager of the apartment complex told me that she told my roommate that if the rent was not paid by monday, today, a week after it was due, then we will still get a notice.  The notice reads:

Your rent being in arrears, you are hearby notified to quit and deliver up in 14 days from the receipt of this notice the premises now held by you as my tenant

Any monies paid in less than the full amount due within the 14 days from the receipt of notive, or thereafter, will be accepted for "Use and Occupancy" only and not accepted as rent.  Acceptance of any monies in less than the full amount owing will not constitute a waiver nor should by construed as prejudicing any rights established under this notice or any action of "Summary Process" hereafter commenced.


What does this mean for me?  Also, since technically I am the only one who paid my rent this month, does she still have a right to stay in the apartment until she pays the rest of it.  I just dont think its fair that she can have parties while I am studying and doing homework considering the fact that she hasnt even paid to live here.

jimmyjohn

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Re: can i kick someone out until they pay their half of the rent?
« Reply #11 on: May 08, 2006, 05:28:58 PM »
so here is the updated situation.  Today we received another eviction notice.  I went to the rental office to ask if my roommate had paid her half yet and they said that she had not, but that they had my half of the rent (which I paid on time).  The woman told me that about a week ago my roommate went to the office and told them that she would be two weeks late on her rent because she spent all of her cost of living loan on gas and doesnt have any money to pay the rent.  AKA, she spent her school loans on travelling back and forth to another city to visit her boyfriend and go to parties.  The manager of the apartment complex told me that she told my roommate that if the rent was not paid by monday, today, a week after it was due, then we will still get a notice.  The notice reads:

Your rent being in arrears, you are hearby notified to quit and deliver up in 14 days from the receipt of this notice the premises now held by you as my tenant

Any monies paid in less than the full amount due within the 14 days from the receipt of notive, or thereafter, will be accepted for "Use and Occupancy" only and not accepted as rent.  Acceptance of any monies in less than the full amount owing will not constitute a waiver nor should by construed as prejudicing any rights established under this notice or any action of "Summary Process" hereafter commenced.


What does this mean for me?  Also, since technically I am the only one who paid my rent this month, does she still have a right to stay in the apartment until she pays the rest of it.  I just dont think its fair that she can have parties while I am studying and doing homework considering the fact that she hasnt even paid to live here.

It means that you have 14 days from the time you get the notice to pay the entire rent or else everyone is evicted.  Summary process is the court term for a landlord eviction proceeding.

rezipsa

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Re: can i kick someone out until they pay their half of the rent?
« Reply #12 on: May 08, 2006, 05:35:39 PM »
I would just move out...less headaches.

bella112

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Re: can i kick someone out until they pay their half of the rent?
« Reply #13 on: May 15, 2006, 04:22:34 PM »
I say change the locks on her, and leave a note on the door telling her a new key to the door will cost her this month's rent. Not exactly the legal way to handle it, but you may get the outcome you want. I mean. technically she has not paid to live there, you are under no obligation to let her in,

Jumboshrimps

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Re: can i kick someone out until they pay their half of the rent?
« Reply #14 on: May 15, 2006, 06:11:07 PM »
Question:  if they are both on the lease, does thast make them leasehold tenants in common (if there is such a thing)?  If they're cotenants, then they owe certain duties to one another (say, not committing waste, not prejudicing the other's right to exclusive possession of the whole premises, etc.), and one can bring an action for an accounting against the other (usually this is done when one cotenant isn't paying his share of the mortgage on a house that is co-owned).

This is the only answer worthy of this law student discussion board. Are the rest of you going to tell all your clients that they are "screwed" when they're in a predicament?

As J.D. says, these cotenants owe a fiduciary duty to each other. That's the starting point here. 

J D

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Re: can i kick someone out until they pay their half of the rent?
« Reply #15 on: May 15, 2006, 06:44:03 PM »
Question:  if they are both on the lease, does thast make them leasehold tenants in common (if there is such a thing)?  If they're cotenants, then they owe certain duties to one another (say, not committing waste, not prejudicing the other's right to exclusive possession of the whole premises, etc.), and one can bring an action for an accounting against the other (usually this is done when one cotenant isn't paying his share of the mortgage on a house that is co-owned).

This is the only answer worthy of this law student discussion board. Are the rest of you going to tell all your clients that they are "screwed" when they're in a predicament?

As J.D. says, these cotenants owe a fiduciary duty to each other. That's the starting point here. 

Whoa!  I didn't say they were fiduciaries!  Usually co-tenants aren't, except in certain situations (like when one of them has bought the property back from a judicial foreclosure sale), but they still have certain duties to and rights against each other (one of them can demand an accounting for the other's fair share of the mortgage, or demand an accounting to be paid their fair share of the rent another is collecting, but no one HAS to give anything unless it is demanded).  One big principle to keep in mind is that each has the right to exclusive possession of the whole property; you can't exclude your co-tenant from any part of the property or else they can sue to be put back into possession.
"I never think of the future.  It comes soon enough."--Albert Einstein

Jumboshrimps

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Re: can i kick someone out until they pay their half of the rent?
« Reply #16 on: May 16, 2006, 08:05:29 AM »
Question:  if they are both on the lease, does thast make them leasehold tenants in common (if there is such a thing)?  If they're cotenants, then they owe certain duties to one another (say, not committing waste, not prejudicing the other's right to exclusive possession of the whole premises, etc.), and one can bring an action for an accounting against the other (usually this is done when one cotenant isn't paying his share of the mortgage on a house that is co-owned).

This is the only answer worthy of this law student discussion board. Are the rest of you going to tell all your clients that they are "screwed" when they're in a predicament?

As J.D. says, these cotenants owe a fiduciary duty to each other. That's the starting point here. 

Whoa!  I didn't say they were fiduciaries!  Usually co-tenants aren't, except in certain situations (like when one of them has bought the property back from a judicial foreclosure sale), but they still have certain duties to and rights against each other (one of them can demand an accounting for the other's fair share of the mortgage, or demand an accounting to be paid their fair share of the rent another is collecting, but no one HAS to give anything unless it is demanded).  One big principle to keep in mind is that each has the right to exclusive possession of the whole property; you can't exclude your co-tenant from any part of the property or else they can sue to be put back into possession.

Hence, they have a fiduciary relationship. (Just not one of the most common type)

J D

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Re: can i kick someone out until they pay their half of the rent?
« Reply #17 on: May 16, 2006, 11:16:46 AM »
No, not fiduciary.  There is generally no requirement that co-tenants look after each other's interest or avoid self-dealing.  Generally co-tenants are expected to look after their own individual interests except in certain situations.  They have certain, limited and defined rights against and duties to each other, but these do not rise to the level of a fiduciary, any more than the rights and duties a landlord and a tenant have with respect to each other makes them fiduciaries for each other.
"I never think of the future.  It comes soon enough."--Albert Einstein

rezipsa

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Re: can i kick someone out until they pay their half of the rent?
« Reply #18 on: May 16, 2006, 03:05:08 PM »
I agree with JD.  A co-tenant relationship does not arise to the level of a fiduciary.  Co-tenants have certain restrictions on what they can and cannot do. But these restrictions do not rise to the level of a fiduciary.