Legal Question in Civil Litigation in New York

My wife and I rented a house with anouther couple about a year ago. All of the bills were supposed to be split down the center. However we have been stuck with everything. We have paid 6 months of their rent, 11 out of 12 months electric, and they've only paid us $100 of the heat which is $2000 and rising cause the winter isn't over. They say they have no money but they eat out a restaurants almost every night and take weekend trips 4 hrs away almost every month. We were just hoping they would leave at the end of the lease because they said that was their intensions but that is in 3 days and they haven't packed a thing. We told them they have to leave and they won't. They say we can't make them. We would have liked to stay and rent the place ourselves but they aren't leaving which is gonna force us to have to move. We tried talking to landlord but all he's willing to do is have us sign a new lease without them on it. But that doesn't get them physically out the door. Can we do anything other than leave. To make things worse is all the utilities are in our name so we are forced to pay or our credit suffers.

Asked on 2/25/10, 5:37 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC
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Essentially, you have a partnership with the other couple. The terms of the partnership is that all bills were to be divided equally. The other couple violated that agreement. Therefore, you have the right to seek reimbursement from the other couple for half of all bills paid.

In terms of forcing the other couple from the apartment, you have a problem since both you and the other couple are on the lease. Therefore, the landlord has the statutory right of eviction.

Mike.

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3/03/10, 5:24 am

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