Five NIU students are planning to sue their landlord after he required them to cover the rent of a roommate called to active duty two months ago.

The roommates live in a room at Bisque Terrace Apartments, owned by John Cooney.

“We had got a letter from our landlord saying he would evict us if we didn’t pay,” said junior Michelle Kubica.

Amy Engels, was called to active duty in the National Guard just after the first week of second semester. Kubica said Engels informed their landlord she was leaving for duty.

Engels is serving in Indiana now and will remain there until August, Kubica said.

Another roommate, junior Noelle Helminiak, said Engels sent a document to Cooney saying she was not legally binded to the contract.

“There is a federal law which may apply which allows for relief,” said Director of Legal Assistance Donald Henderson. The Soldiers and Sailors Relief Act might be applicable, he said.

“A person who goes on active duty may be able to terminate the lease as a result of their entering the military,” Henderson said.

The reservist would have to give notice to the landlord and the lease term would have an impact as to what kind of notice is needed, he said.

“Our view is that roommates should not have to assume the responsibility for the other person’s rent,” Henderson said.

“A landlord might have a different view,” he also said.

He added the court ultimately would have to decide whether or not roommates of persons called to duty should be responsible for that person’s rent.

Anyone directly or indirectly affected should come to the (Legal Assistance) office, Henderson said.

Cooney could not be reached for comment.