If two tenants sign lease, one doesn't pay rent, other tenant pays in full & wants new lease as sole renter, is eviction req'd?

Asked over 4 years ago - Rochester, NY

In this situation, one of the tenants, the boyfriend, has had a drug OD and the other tenant/ex-girlfriend wants to stay in the apartment. The non-drug abusing tenant/girlfriend has paid the month's rent in full. The boyfriend has not contributed to the rent for one month and has moved his belongings out of the apartment. Does he need to be legally evicted to write a new lease for the girlfriend? She fears for her safety and the police will not take action if he returns, unless he is not on the lease.

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . The police will take action if she secures a restraining order from the court. I do not know if the L will renegotiate the Lease, but she should begin with a request to the L. Keep in mind that L's prefer to have two people on a lease since both are individually responsible for the entire lease. Woman tenant has the legal right to sue the ex for his unpaid rent. If the total rent due, the L cannot evict her. I cannot tell you if one can be taken off the lease without seeing the document itself. Usually it is not possible, but an order of protection will have the same legal effect as having the bf evicted.
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Legal terms used in litigation………………………………………………………..
    Landlord Tenant Rules and Requirements in General and in New Jersey,
    Landlord Tenant Litigation: Eviction, Other Lawsuits in General and in New Jersey


    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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