Stubborn roommate won't leave

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akevo

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Hello.

A friend of mine got an apartment with a roommate in Tempe, Arizona. Unfortunately, they had unreconcilable differences and on December 3, my friend told his roommate to find somewhere else to live. His roommate said she'd be out by the 11th. At this point, she had not provided her half of the December rent, and as part of her character she is unwilling to pay what she owes, leaving the entire burdon on my friend.

On December 11th, his roommate came back, removed roughly half of her belongings, and left. Per their verbal agreement she was to be out of the apartment completely by the 11th so that I and another roommate could take up residency. The day of their agreement has come and gone, and there is no telling where she went, if/when she is coming for the rest of her belongings, or if/when she is going to pay the financial obligations she left behind. The landlord has already advised that she cannot be removed from the lease until the rent is paid in full and until she signs an agreement to be removed from the lease.

We are all working towards getting things settled, and are at a complete loss as to what the law says in this matter. As of today, December 16, she has not paid her December rent, which is causing late fees to accrue. The landlord is willing to work with us, understanding the situation, but can't simply kick her out, as she has not done anything to the apartment to warrant it. We're worried she's going to simply ignore the whole situation and stubbornly stay on the lease, leave her belongings here, and refuse to pay monies she owes. Should my friend give her a written eviction notice? Is there any process of removing a lease-signing tennant that has abandoned an apartment in a roommate situation? Any advice would be greatly appreciated.

Thank you.
 
akevo said:
Hello.

A friend of mine got an apartment with a roommate in Tempe, Arizona. Unfortunately, they had unreconcilable differences and on December 3, my friend told his roommate to find somewhere else to live. His roommate said she'd be out by the 11th. At this point, she had not provided her half of the December rent, and as part of her character she is unwilling to pay what she owes, leaving the entire burdon on my friend.

On December 11th, his roommate came back, removed roughly half of her belongings, and left. Per their verbal agreement she was to be out of the apartment completely by the 11th so that I and another roommate could take up residency. The day of their agreement has come and gone, and there is no telling where she went, if/when she is coming for the rest of her belongings, or if/when she is going to pay the financial obligations she left behind. The landlord has already advised that she cannot be removed from the lease until the rent is paid in full and until she signs an agreement to be removed from the lease.

We are all working towards getting things settled, and are at a complete loss as to what the law says in this matter. As of today, December 16, she has not paid her December rent, which is causing late fees to accrue. The landlord is willing to work with us, understanding the situation, but can't simply kick her out, as she has not done anything to the apartment to warrant it. We're worried she's going to simply ignore the whole situation and stubbornly stay on the lease, leave her belongings here, and refuse to pay monies she owes. Should my friend give her a written eviction notice? Is there any process of removing a lease-signing tennant that has abandoned an apartment in a roommate situation? Any advice would be greatly appreciated.

Thank you.

The roomate situation, always problematic. The landlord will usually never want to remove anyone from a lease since that's another party whom the rent can be collected from in full and additional security against each and every tenant.

Do you have an address for this person? You may want to pack up her stuff and store them for a short period of time. Make a reasonable effort to locate this person and if you do, send a certified letter with regard to her belongings and state that they will be held for only a certain period before you will dispose of them. In addition, make a demand for rent and also for other expenses (storage and rent not paid for her not removing her belongings.)

The landlord does have a bit of a problem because this tenant didn't say she moved out and may be holding over. Unfortunately all of you will be responsible for the tenant's rent as well and the landlord can force you to pay for it and leave you to collect from this problem tenant. Not a great situation but get a move on to find this problem child and send out that letter ASAP. Best of luck.
 
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