If my ex-husband and I left our rental early but agreed to split what was still owed, can the landlord come to me for the balanceif my husband never paid his share?

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If my ex-husband and I left our rental early but agreed to split what was still owed, can the landlord come to me for the balanceif my husband never paid his share?

My ex and I broke our lease early. We both signed an agreement that we would pay the remaining balance. It was verbally stated that we would each pay half of the $2,500. I ended up paying $1,400 but he has yet to pay his half. I have now been turned in to collections because of the debt that he owes. The collections agency can’t get a hold of him even though he told them that he would take care of it. I have a copy of the lease agreement, the written agreement to pay back the remaining balance and copies of all checks the apartment complex received from me.

Asked on August 11, 2011 Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

Yes, your landlord can do this. Your lease was with him. Any other agreement between you and your husband is not his concern as he was not a party to it. The fact is that by virtue of your lease and the subsequent agreement that you signed, both you and your ex are "jointly and severally liable" for repayment of the balance owed. This means that either of you can be held fully liable (assuming the agreement signed does not state otherwise). However by virtue of your agreement with your ex, you can sue him for any amounts over what you were to have paid as your share (i.e. any amounts over $2,500).


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