Legal Question in Landlord & Tenant Law in New York

Unpaid Bills

One of my roommates has not paid me for the electric and cable bill in the last 2 months which is in my name which is causing late fees. He also was late paying rent, which the landlord threatened to evict us if the money was not received by the 5th, he paid on the 6th. It was agreed upon before all moving in together that all the bills would be split 3 ways. Since he is not paying his share of the bills, and risking evicting the 2 of us that are paying our rent on time, do I have any right to evict him? If not, what options do I have?


Asked on 10/09/07, 6:13 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Unpaid Bills

You are responsible for cable and electric notwithstanding payment from your roomate. If all three roomates are on the lease, you are jointly and severally responsible. In other words, you can be held responsible for your roomate's actions.

Your right of eviction depends on whether your roomate's name is on the lease or whether you sublet the apartment to the roomate. If your roomate's name is on the lease with the landlord, you do not have a right of eviction. However, you do have the right to take the roomate to small claims court to obtain a judgment for any amounts not paid by the roomate under your agreement.

If the roomate's name is not on the lease, he is subletting the apartment from you. You would have a right of eviction.

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Answered on 10/10/07, 8:02 am


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