Tenant wants an eviction notice!

[Andrew Shields]

So, I have 2 tenants leasing a 2 BR.  One of them walked out of his job 2 months ago and won't pay his share of the rent or contribute to cleaning the apartment in any manner.  The other tenant is covering the rent, but wants him out.  Now the quitter is telling me that he wants an eviction letter to help him get his disability.  The good tenant is long-term and never wants to leave!  

Has anyone had a tenant ask for an eviction letter?  I don't really want to help him milk disability, and since rent is paid, do I even have grounds to evict?  I suppose I can find something.  His room-mate told him to be out in 30 days and even found him some boxes, but no movement so far...only gets up to use the bathroom.

[Nathan Gesner]

I'm with Kim. Most leases include a "joint and several" clause that says each individually is 100% responsible for the terms. I don't think you can evict one tenant without evicting them both. 

Since this is a roommate situation, the paying tenant should get the non-paying tenant to vacate. It's not your circus.