Legal Question in Landlord & Tenant Law in Tennessee

My roommate and I have lived together for the last 2 years. She has not been paying rent for months now, not supplying her own foods or toiletries. I have spoken to my landlord about this ever present problems but seems uninterested in helping to remove said roommate. Is there anything legally I can do to have her removed from the apartment for nonpayment of her portion of the rent?


Asked on 7/24/10, 8:53 am

1 Answer from Attorneys

Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

You may have some sort of cause of action against your roommate for breach of contract if the terms of your living together were clearly expressed and understood by the two of you. One of the problems you will have however, is that unless the agreement has been reduced to a written contract, you may not even have a cause of action, the reason for this being the "Statute of Frauds".

The "Statute of Frauds" specifies what contracts must be in writing to be enforceable. One such contract is a lease agreement for rental property where the lease is for a period of more than one year. Another such contract is where the performance of the contract can take longer than one year. See T.C.A. Section 29-2-101. As noted in your question, you have been roommates for a period of two years which could bring into application the "Statute of Frauds". The written contract however, does not need to be a "legal document" per se; it can be a series of signed notes, letters, and memoranda by and between you that clearly shows the intent and understanding of both of you.

As for your landlord however, he/she has no legal obligation of any sort to take action to have your roommate evicted. In fact, most likely your lease agreement only specifies a set dollar amount of rent to be paid and does not apportion the rent among the two of you who are tenants. In such a case, if you only pay "your share", the landlord could take action to have not only your roommate evicted but you as well for breach of the lease agreement.

I suggest that you talk with a local lawyer to get a more in-depth evaluation to see what you can do.

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Answered on 7/26/10, 10:55 am


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