If my old roommate and I broke an apartment lease and he has since claimed bankruptcy and claimed the full amount, how can they still come after me?

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If my old roommate and I broke an apartment lease and he has since claimed bankruptcy and claimed the full amount, how can they still come after me?

The amount has been claimed, so how can they look to me for payment?

Asked on September 27, 2012 under Real Estate Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The bankruptcy filed by your roommate only applies to him.  His bankruptcy filing does not apply to you.  Since you are a party to the lease, you are still liable for the unpaid rent.  If you filed bankruptcy, which may or may not be advisable given the amount owed on the rent and your overall financial situation, the former landlord would not be able to pursue the claim against you for the unpaid rent.


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