How do I get a partner out of the building we rent?
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How do I get a partner out of the building we rent?
My shared tenant has not paid their portion of rent in 4 months. If I do not pay
the full amount I’m afraid that I will be evicted. What rights do I have when we both signed a personal guarantee on the duration of the lease?
Asked on October 29, 2018 under Business Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A co-tenant cannot lock out a tenant: only the landlord can, and only if he follows the proper procedure and for good cause (e.g. nonpayment of rent).
If you both guaranteed the rent and it is not paid, the landlord may seek it from either or both of you, at the landlord's option--so the landlord could hold you responsible for all the rent.
You in turn would have the right to sue your erstwhile partner to recover from him his share of the rent or other amounts you have to pay to your landlord.
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