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Eviction-Please Help!!!!

Posted by patrick cronin on March 06, 2000 at 23:34:42:

Hi, glad i found this place. I live in rochester ny in a 3 bedroom house for which i have a years lease ending 9/00. I live with my wife and brother in law, each of us signed the lease. He has not (and i guess will not pay his rent) we have no provision in the lease regarding to who will pay what, and what happens if one does not pay his share. For the past few months i have been paying my brother in laws share, and he would (sometimes) pay me back over the course of the month. He still owes me half the rent from last month, therefore, i decided not to pay his share this month. I have told this to the landlord, and he responded that he will have to evict. The research i have conducted seems to state that my wife and i are jointly responsable for the rent regardless if he pays or not. My question is threefold. First, if we pay his share this month, is there any way to sue him in small claims for failure to pay his share? second, if we dont pay his share, and eviction results, can we file a cross-claim against him for damages resulting from the eviction (meaning unpaid rent, court costs of landlord, etc...)Lastly, if we can do neither of the first, how can we get him out of the house without having the landlord evict us all? This house is not rent stabilized, controled, or under any form of rent regulation. NOTE: i would be very grateful for any case law, statutes, or law articles on this subject. Thanx so much. Patrick

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