QUESTION
Roomate will not pay; what options do I have?
Asked on Aug 08th, 2014 on Real Estate - New York
More details to this question:
I currently live in New York, NY with 2 other roomates and the lease has ended and the landlord is claiming the responsibility is equal. We each put down $2800 deposit on the apartment. One of my roomates had a guarantor who pays her rent but has neglected to do so for several months and now owes $10,000. They are no longer speaking. Now 2/3 roomates including myself have met our obligations and the third with the guarantor will not pay. The landlord is threatening to hold our deposits and forward all three of our names to collections. What options do I have?
1 ANSWER
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You are all jointly and severally liable unless you had an agreement with each other that the landlord also agreed to. You can sue your roommate who is not paying for his or her share of the rent which is due but not for all the rent ulnless there is an acceleration clause in the lease. I would always recommend an agreement with all the tenants before signing a lease. In this case a default by any of you unless cured by the others is a default by all.
Answered on Aug 11th, 2014 at 1:53 PM