Sunday, December 4, 2011

What happens if two roommates want to renew a lease without another roommate, but that roommate wants to stay?

I have been living in my apartment for about 4 years now. It is a 3 bedroom apartment and I share it with two other people. One roommate has been there over 3 years and we get along great. The other room has seen 3 different roommates in 3 years. Our lease is up in two months and neither me nor my roommate wants the roommate who is living in that room to sign another year's lease. Currently we are all on the lease and the term is one year. We are going to sign a new lease but we don't want this other roommate to sign, they have been living here for only 10ish months. Do we have any rights to not have them stay? What do we do if they want to sign the lease again? Do we have to go through an eviction if it is at the end of one lease cycle and before signing a new one? They are not a good roommate and do things that sometimes could put the safety of the apartment in jeopardy. Also, they are rude and not respectful of us. Our landlord is pretty nice and since me and my other roommate have lived here for a long time and most of the deposit (2/3ds) is in my name (the other two split that last 1/3d), I feel like he would sway with us...but I dont know.





Any ideas? We are going to talk with the bad roommate soon to see what they have planned, but I know they are probably going to want to stay.|||You have to give him 30 days notice in writing that you are going to negotiate a new lease without him.|||It isn't your place to evict them.





Your landlord would have to decline to renew this roommates lease.|||Why you got that person on the lease is beyond me. If two people are renting an apartment and they get a third person to come in, that person is essentially renting from them and thus the original renters should be able to give notice to that person to leave. However, since you let them on the lease you have taken that option away from yourselves and it will now be up to the landlord. You should speak to your landlord and tell them the situation and that when the lease is up for renewal you do not want him to allow this person to renew. It is worth a try anyway.

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