Legal Question in Landlord & Tenant Law in Kentucky

I have leased a house to a friend and her previous roommate. The roommate has since lost her job and pays none of the housing bills (although my friend pays the rent on time). I gave them a lease (jointly held) and they have not returned a signed copy to me. My friend wants to evict her roommate. She wants me to write up a new least agreement with just her name on it. Will I be in legal issues if I do? Do I need to evict them both?


Asked on 8/14/10, 2:04 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

I would not get involved if I were you. You are still receiving the rent in full, and a lease was signed with both their names, so you have no right to evict either of them. If roommate doesn't pay the rent, it is friend's responsibility, which she has done, although friend has a legal right to collect from roommate, i.e. seek a judgment against her in court.

Best course of action is for friend to tell roommate she either needs to pony up her share, or she needs to move out so someone willing to pay the rent can move in. You can say you are willing to release roommate from her lease if she moves out, then you can draw up a new lease between you and friend.

If I misunderstood, and friend is only paying her own share of the rent and not roommate's share, then you can take action, depending on what the lease agreement says.

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Answered on 8/21/10, 9:58 am


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