What to do if I recieved an eviction notice today because my roommate apparently has not paid her half of the rent for the past 3 months?

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What to do if I recieved an eviction notice today because my roommate apparently has not paid her half of the rent for the past 3 months?

She is not on the lease and as she had bad credit. Her mother had to sign as her Guarantor. Who is leagally responsible for her half of the rent? Her Guarantor or me? I’m afaraid my landlord is trying to get me to pay her share. Will I be evicted because of her?

Asked on November 7, 2012 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The landlord is entitled to full rent for the apartment or home and may evict if that full rent is not paid. It does not matter to the law or the landlord who paid--one roommate; the other roomate; both roommates; the roommate's mother; etc.--only that the full rent for the premises is paid. So if the landlord is not receiving the full rent he may evict. He may also be able to sue you, the roommate, or the mother as guarantor for the rent owed; and you may be able to sue the roommate or her mother for not paying the roommate's share; but in any event, the landlord may evict.


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