If I am a co-signer on a lease, do I have the power to have one of the tenants names removed off of the lease?

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If I am a co-signer on a lease, do I have the power to have one of the tenants names removed off of the lease?

I co-signed for my son, his fiancé and a friend of theirs. The friend is not paying rent but pays for electricity. He is abusing drugs, drinks excessively and is being problematic. He needs to be kicked out but his name is on the lease. As co-signer what power, if any, do I have to have him removed?

Asked on February 3, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Read the lease but generally speaking, you have no rights here other than to pay the rent in case of a default.  The landlord has the right to evict.  Co-tenants do not generally have that right.  If he is not paying rent then it jeopardizes the whole lease.  I am sure that under the lease each tenant is jointly and severally liable for the rent meaning they have to cough up his share or be evicted.  The can pay then sue himfor the money each month he does not pay.  Otherwise,speak with the landlord.  Good luck.


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