Date: 2009-11-09 04:39 pm (UTC)
So I spent a lot of time reading up on roommate law a few months ago, but I'm not sure how much of what I learned is generalizable and how much is specific to California. First of all, in our situation we only had one person's name on the lease, which means that that person acts as a 'master tenant' and has some of the rights of a landlord over the rest of the tenants. In your case, because all three of you are on the lease, this is *probably* something your landlord needs to deal with rather than you. While the lease may not specify how the rent is split (and in fact that may not be down in writing anywhere) the fact that you have a verbal agreement with your roommates and long-standing practice will probably stand up, legally, as 'yes, this person actually owes money'. Therefore, your landlord could proceed with an eviction notice against Roommate #3 for nonpayment of rent. It would probably help if you made clear to the landlord that this is something you are in favor of - otherwise he may think it is all of you or none. The eviction notice process basically gives the offender a chance to pay the rent 'or else', so this is not necessarily a sure fire 'get them kicked out' method, but if it comes from the landlord it is not likely to get them pissed at you, at least.
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