Expert: Sylvia Bergthold - 12/21/2006

Question
Hi,I'm currently in a situation where my roommate haven't pay the first month and the second month rents. I had told her she have gots to leave if he dont pay up. But she turns around and say she have rights and she saying she will bring me and friend to court who we are the only 2 on the lease. She also said that if we force her to leave she will sue us for harassment. Is there anything we can do?

Answer
Hi Daisy

If she isn't on the lease and not paying rent, she is trespassing.

Go to the landlord ASAP and ask him to help you. Explain to him that you have a woman living in your apartment that has no rights to be there. She has NOT paid any money and you want her to leave ASAP. Hopefully he will help you to give her a written notice she has to leave.

She can try suing you but she will get nowhere. You are not harassing her and you are not required to furnish her with free rent. She is trying to scare you so don't fall for it.

Also ask the landlord if he will change the locks on the doors. Since she has never paid any rent, is not on the lease, as far as I understand things, so has no rights to the place.  Your landlord should know if this okay.  

You can also go to the Fair Housing Council in your city to find what your rights are in this situation.

Good Luck
Sylvia Bergthold
www.aroommatesurvivalguide.com