Can I legally evict an authorized tenant?

By Tenant

I’m stuck with a friend who is living with me but did not sign the lease.  What happened was I was supposed to be living on my own but then a few months from the date that I moved in I realized that I couldn’t continue paying the rent.  So since I’m still locked into a lease agreement, I asked my landlord if it’s possible for me to share the rent with someone else. They agreed and I had an authorized tenant with me.

For the first few months, my roommate was very responsible in paying rent on time, helping around the house, and making sure that he isn’t making a lot of really loud noise that could distract me and the neighbors.  However, just about two months ago he stopped paying rent.  Since I’m the one on the lease agreement, I am legally responsible for the payment of rent and utilities.

I talked to my landlord about the problem but he said that since I have an authorized tenant who did not sign the lease agreement, that means he is my responsibility.  So to evict him, I can either make him sign an agreement that he is willing to move out or I could send him a 30-day notice.

Since he didn’t want to do the first option and that’s understandable because who would want to pass up on the opportunity of a free ride, I sent him the 30-day notice.  Luckily, he moved out prior to the end of the 30-day notice so I didn’t have to file for a formal eviction complaint.

So as not to get stuck with a similar problem, you have to be more careful in selecting an authorized tenant.  Here are some tips that you could follow:

• Check your lease and see if there is a clause which allows you to have an authorized tenant.  If it’s not in the lease, you have to talk to your landlord about it.
• You have to make sure that your prospect for an unauthorized tenant has the ability and means to pay the rent and utility costs. This can be done by asking if the applicant is currently employed. If employment is not available, then your unauthorized tenant applicant must have a stable source of income.
• Create a written agreement that will be signed by yourself and your authorized tenant.  This will basically outline your house rules and what will happen if in case he or she is not paying rent.
• Create copies of the receipts whenever you pay the bills and your rent.  This way, your authorized tenant is assured that you are doing everything to keep the apartment.
• If there are violence issues between you and your authorized tenant, always file a police report.

Now maybe I was just lucky that my landlord allowed me to have an authorized tenant in my apartment to help me pay the rent.  But during the transition, know that there may be circumstances that would require you to seek help against your landlord.  Examples are as follows:

1. In the landlord requires that your authorized tenant also pay rent to him.  That would be considered double rent and that is illegal.
2. If the landlord asks your authorized tenant to pay a security deposit, that’s a ground for filing a complaint against him.  Since the sub tenant is paying rent to you and did not sign another lease agreement as well as occupied another apartment, the landlord should not be asking for additional security deposit.

If you experience any or both of these issues when you get an authorized tenant to stay with you and share the apartment costs with you, then you can file a complaint against your landlord.  Mediation companies like the RPA provide services that would help you settle the problem with your landlord.  To do that, you would only need to file the complaint via their complaint center.  Here is the link: http://www.rentalprotectionagency.com/complaint_center.php

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