If there is an unlawful detainer judgement against me and my ex-roommate but she is hard to find. is there a way I can only be responsible for my half?

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If there is an unlawful detainer judgement against me and my ex-roommate but she is hard to find. is there a way I can only be responsible for my half?

If I am still responsible for the whole thing, is there a way I can pay only my half legally. Or how does that work?

Asked on February 7, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you landlord is willing to accept as payment in full from you of a certain amount less than 100% of the claimed amount due for back rent from you as opposed to holding both you and your roommate jointly and severally responsible for the amout owed, you and the landlord can reach a written agreement to that effect.

However, if the landlord is unwilling to do so, there is the possibility that if you go to trial, you could end up being on the hook for more than your fair share of the rental amount if your ex roommate cannot be located. I suggest that you try and enter into some written agreement with your former landlord as to what you actually owe which would be less than the full amount claimed.


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