I am leasing an Apartment in Lakewood, i have a roommate, they are on the lease but all the bills go though my account so they pay me rent, and I pay the bills including the rent.
They have recently been accused of sexual assault, and because of this development I told my roommate I no longer wanted to live with them.
He agreed via text to vacate the property within 30 day, i returned half of his November rent with the understanding that he would be leaving on a decided upon date, he even has moved a majority of his belongings out of the house.
He is now refusing to move out, and has not paid back the rent or the rent for December, i have already served him with a "Demand for Compliance or possession" with notice, i am ready to go to court to start the rest of the eviction process. But i want to know if the text agreement is legality binding and i could legally say that he has abandoned his property, since i gave him half his November rent back with the understanding he would be moved out by a specific date?? So i dont have to continue with the rest of the eviction process?
You have a real mess.
I don't think you can evict your roommate at all. They have a lease with the landlord. It would be up to the landlord to evict. I don't think a court will grant you an order of possession if your roommate shows up to court and shows them that he or she is on the lease with the landlord.
You do have a claim for breach of contract and can get a judgment for the extra rent you had to pay since they didn't honor their promise to move out in exchange for the payment you made to them.
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