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Eviction Resource Center

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One of my roommates cannot pay their rent. The landlord is threatening to evict. Will my landlord just evict my roommate, or can all of us be evicted?

Joint and several liability means that all the tenants on a lease are responsible for all the rent and all of the damages, regardless of how they divide rent and other financial issues between themselves. If one person does not pay the rent, the other tenants are liable for that share of the rent, or they are all subject to eviction for non-payment of rent. It is up to the tenants, not the landlord, to collect from the non-paying tenant.

Can my landlord just kick me out of my house?

If you have violated a term of your lease, there is a process that the landlord has to go through to have their tenants evicted. They first must post a three day notice (see links below for a template) on the tenant's door stating that they must comply with the lease or move out. The tenant then has three days to comply with the term of the lease the landlord noted ("fix" the problem), or leave the premises. If the tenant remains but does not fix the problem, then the landlord must file for eviction in Eviction Court.

The tenant will be notified of the court date and then both tenant and landlord will go court to provide their sides of the story. The judge will then rule for or against eviction. If the judge rules for eviction, the tenant must vacate the premises within 48 hours. If the tenant does not vacate within 48 hours, the landlord can call the sheriff and conduct a supervised move-out of the tenant's belongings.

Is getting evicted a good way of getting out of a lease early?

No. If you get evicted, that eviction goes on your credit record and may make it difficult for you to rent or get any credit in the future. In addition, eviction does not release the tenant from the terms of the lease. The tenant may still be responsible for paying rent to the landlord until the landlord can re-rent the property.

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