AmI responsible for a balance that my roommate owes to my landlord for past due rent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

AmI responsible for a balance that my roommate owes to my landlord for past due rent?

My roommate left with a huge back rent balance; we are both on the lease. The landlord wants me to pay. Is this my obligation? We both paid our share directly to landlord every month. He sent me a spreadsheet with the balance owed.

Asked on October 29, 2011 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately you are still required to cover the full amount of the rent.  When you signed the lease both of you became legally responsible for it. This is known as "joint and several liability". This means that if 1 tenant doesn't pay their share of then rent then the other tenant is liable for it. 

That having been said, you can take her to court and sue for any money that out-of-pocket on her behalf. If you win, you will be granted a judgment. You could then have the notation of the judgement placed on her credit report.  Why don't you inform her of this and see if that prompts her to come up with some rent money.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption