What to do if my ex-roommate and I decided to breach our lease and I have paid what I owed the landlord but she has not paid her part?

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What to do if my ex-roommate and I decided to breach our lease and I have paid what I owed the landlord but she has not paid her part?

Now landlord’s debt needs to be paid off. I have paid my part but she won’t pay hers, nor answers calls/texts to see what she has planned. I don’t know whether to pay full and then take her to small claims court (just to save my own name from being in the credit report), or just not pay for her part. This was a spoken agreement that each of us would pay our parts. I have the apartment contract which both of us have signed.

Asked on December 14, 2012 under Real Estate Law, California

Answers:

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

Answered 9 years ago | Contributor

The fact is that you have "joint and several liability" here. This means that in the case of a rental, either tenant on a lease can be held financially responsible for any and all amounts due under it. So, go with your first thought of paying and saving your credit, and then taking your ex-roommate to small claims court.


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