Current Roommate Is Disputing His Portion Of Rent. If Eviction Happens, People Who Aren’t Current Residents May Be Affected.

Location: Albuquerque, New Mexico

I’m trying to understand my legal position in a complicated roommate/lease situation, especially because our property manager says she plans to serve a 3-day notice for nonpayment tomorrow.

The house rent is $2,325/month. Currently three people actually live here: me, “A,” and “B.” However, I recently learned that the lease the new management company inherited still lists four people: me, A, and two former roommates who moved out months ago. B, who currently lives here, is not on that lease.

This surprised me because B applied through the previous property management company and says he was accepted to live here. He has lived here for several months and has been contributing toward rent and utilities. The current manager told me it’s possible the previous company had him apply/background checked without actually adding him to the lease.

Originally, when B moved in, he says his agreement was to pay $589/month plus utilities. After another roommate moved out, B began paying roughly $775/month (one third of the $2,325 rent). He has paid approximately that amount for the last five months. There is now a dispute between us about whether that increase was temporary or whether $775 became his ongoing share.

For September, A and I paid our shares. B has not paid his share. Management says the account currently has an $891.25 balance ($775 plus a $116.25 late fee).
B is now disputing that he owes $775. In text messages, however, he has acknowledged that when he moved in he agreed to pay at least $589/month plus utilities. I have asked him to at least pay the $589 that he acknowledges was his original monthly obligation while we sort out the disputed amount.

There is also a separate $500 security-deposit issue. B apparently paid $500 to one of the former tenants when he moved in rather than directly to the landlord. My understanding is that the original security deposit remained attached to the lease, but I don’t want to make any claims about who legally owes B that $500 because I don’t have documentation establishing that.

I am moving out at the end of September. I gave the current management company written notice of that. Management had wanted the current occupants to sign a new lease so that the tenant list could be corrected, but that never happened before this situation arose.

Tonight, the property manager told me in writing that because B is not on the lease, she cannot pursue him for the unpaid rent. She says the four people named on the old lease are the financially responsible parties. She told me she intends to put a 3-day nonpayment notice on the door tomorrow and, if the balance remains unpaid, file for eviction next week against all four named tenants. She specifically said this would not affect B, despite the fact that he currently lives here and the other two named tenants do not.

My main questions are:

Under New Mexico law, can the landlord pursue/evict all four people on the old lease for the unpaid balance even though two moved out months ago and the person who actually failed to pay is an occupant who was approved by the previous management company but apparently never added to the lease?

Does B’s application/approval by the former property manager, residence at the property, repeated rent payments, and agreement to pay a monthly amount create any tenancy or financial obligation on his part even though he isn’t named on the lease?

If the landlord files an eviction case naming me, is there anything I can do before or during that process to avoid an eviction judgment/record if I already paid my individual share of the rent?

Does paying part of the remaining balance during the 3-day notice period change anything, or does the entire amount have to be paid to prevent a nonpayment eviction?

Do I potentially have a claim against B for the rent he agreed to pay if I or the other named tenants have to pay his portion to prevent the eviction?

Is there anything specific I should do immediately after receiving the 3-day notice tomorrow?

I have saved the relevant text messages, payment records, the lease currently in the management portal, my notice that I’m moving out, B’s messages acknowledging his original $589/month agreement, and the manager’s message saying she intends to file against the four people on the lease.

I realize Reddit isn’t a substitute for an attorney. I’m planning to contact legal aid as well, but because the 3-day notice is apparently coming tomorrow, I’m trying to understand what I should be doing immediately.

UPDATE: This has been a rapidly developing situation. Fortunately, thanks to a very generous family member of mine, the balance is paid. The deposit situation has also been planned out, but a full resolution won’t occur until the end of the month. It’s not the most ideal situation, but B has essentially ceded his portion of the deposit as part of a payment of the amount he agreed to pay at the start of his living here, and then sent me the difference. The remaining balance has been split and paid between the other 2 of us here. There’s no longer any danger of an eviction happening, but there are still some kinks to deal with. As for whether we choose to take B to small claims to recover the difference is up in the air, but I imagine that all of us are going to be aiming for as clean a break as possible at the end of the month when the old lease expires and either a new one is made or everyone goes their separate ways. So, at least, problem mostly solved? Eviction crisis definitely averted.