How do I handle a roommate who doesn’t want to pay her rent?

Q: My roommate and I have been living in this apartment for the past three years. Last year, she got laid off and we made an arrangement that she would handle most of the housework and in exchange pay 25 percent of the rent while I pay 75 percent of the rent. We recently had a major argument, and she has decided not to do any more cleaning. So now I want to hire a house cleaner and charge my roommate for 50 percent of the rent plus the cost of the house cleaner. Can I do this?

A: Since you use the term “arrangement,” we assume this agreement between you and your roommate was never documented in writing. An oral agreement is generally enforceable, but the lack of a written version means that you and your roommate may well disagree about the exact terms of the arrangement. We always recommend that these types of agreements between roommates be documented in writing.

Assuming you can prove the agreement existed, you could enforce it in a small-claims action against your roommate, but taking her to court will require you to expend time and energy, and it will almost certainly cause further damage to your relationship.

If the relationship totally breaks down, the next step will depend on whether both of you signed the rental agreement with the landlord or whether only one of you is on the rental agreement and the other is a “subtenant.”

When both of you are on the rental agreement, only the landlord can evict one or both of you. If only one of you is on the agreement, the person on the agreement would have to pursue the eviction against the subtenant.

All of these approaches generate unhappy consequences, so our strongest advice to you is to contact the local mediation program in your area. A mediator can bring you and your roommate together under conditions that are neutral and convenient. Mediation would allow you to look for ways to repair your relationship or at least mutually agree on a peaceful resolution.

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