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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have an apartment with a married couple living there.He was

Customer Question

I have an apartment with a married couple living there.He was renting from me for 7 yrs with no problem. When they married, she moved in. We have no written lease, however, we all agreed that she would pay $250 a month toward the rent and for storage of her extra belongings in my basement.She paid for a many months but has now stopped paying her share. The marriage is going bad and he has told her to leave but she won't. Can I evict her and recoup the money she owes for rent and storage?
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

I am very sorry to hear that you are being placed in such a situation. If they are married, however, should you pursue an actual eviction, you would have to pursue it against both parties; the law does not permit you to evict one and keep the other, unless a separate contract was created. Here, if the wife is not paying the additional funds, until she is off the property, the husband is liable for the additional fees. Now, you CAN consider a restraining order if she is violent against you, but if the order is lifted, she will be permitted to re-enter. Therefore your option here may be to demand the funds from the husband or evict them both, if you decide not to pursue a restraining order against her.

Good luck.