month-to-month or the buyer of the foreclosed property intends to live in the property, the law
allows the buyer to terminate the tenant’s remaining lease term, but only after giving the tenant a
90-day notice to vacate the home.
Q: My roommates and I paid a tenant security deposit when we rented our house. Will I get a
refund of this deposit for my fair share if I vacate the property before my roommates?
A: No, typically a landlord will not refund a portion of the tenant security deposit to a roommate
who i
s moving out
if other tena
nts on t
he lease rema
in in the re
sidenc
e.
In most cases, the tenant security deposit will be held in trust by the landlord until the last tenant leaves. At that time, the
deposit will be refunded, less any lawful deductions, to any remaining tenants leaving the home.
If you vacate the residence before the end of your lease, or before your roommates, you should
discuss any refund with your roommates directly. (See also Q & A on: Tenant Security Deposits.)
Q: Am I responsible for paying my roommate’s share of the rent if my name is on the lease?
A: Yes. If your name is on the lease, you are legally responsible for the full performance of the
lease—even if your roommate’s name is also on it. Many written leases require each tenant to be
responsible for all rent that is due, and landlords will usually take legal action against the remaining
tenant if his roommate(s) move out and the full rent is not paid.
Q: What must a landlord do to evict me?
A: A landlord or his agent may evict you for violating a provision of your lease, but must do so
according to lawful procedures. For example, unless your lease provides otherwise, when you do
not pay your full rent, the landlord must first make a clear demand on you for payment of the past-
due rent. Then, if you do not pay the rent within ten days (or if you have violated your lease in some
other way), the landlord may file a formal “summary ejectment” complaint against you in court
describing why you should be ejected. The landlord may recover unpaid rent, court fees and other
damages from you.
Many leases permit the landlord to shorten the ten day notice period or avoid it altogether by
including a “forfeiture” clause. Such clauses provide that the lease terminates if you do not pay your
rent within a specified number of days after it is due and may require no notice or less than ten
days’ notice before the landlord is permitted to begin the summary ejectment proceeding in court.
At the court hearing, you can, of course, raise defenses. If the magistrate rules in favor of the
landlord, you can appeal the decision within ten days. However, you must pay the appropriate rent
to the cl
er
k of cou
rt
while the appeal is pending. If you do not appeal in time, or if the landlord wins the appeal, he can enlist the services of the county sheriff to execute the judgment and evict you.
At all times throughout the process, the landlord must use peaceable means to regain his property.
“Self-help eviction,” such as changing the locks, removing your possessions, or padlocking your
door, is not permitted.
Q: Can I pay rent to the landlord to stop an eviction proceeding?