Legal Question in Real Estate Law in Arizona
Roomate lease issues
About 2 years ago, I signed a lease with a roomate. I moved out prior to the end of the lease, she stayed. I recently began recieveing calls from a creditor requesting I pay them as the lease terms were broken. I requested proper documentaiton. After a few more calls and requests I was sent a bill. I then sent a letter requesting proof the debt was owed. After a few more calls, I recieved a letter from an attorney. I then sent a letter requesting the docuemntation. I recieved a copy of the lease and court doc, stating I had failed to appear, and detailing the amount owed. Totaling the full amount for the broken lease aggreement and legal fees and other charges. Should I have to pay the full amount or half, they could collect the amount from both of us? Should they have notified me of the court date. and do I have any ramifications since I was not notified and did not have a chance to plead my case? Are their any other rights I should be aware of that my help me in handling this situation.
1 Answer from Attorneys
Re: Roomate lease issues
Your question has multiple questions and not all the facts are revealed, so it makes it a little difficult to fully answer in this limited format. I will give you some information, but you need to consult with a general attorney, or someone familiar with contracts or landlord-tenant issues. This is not so much a real estate issue as a landlord-tenant issue.
If you signed the lease, you are jointly liable. They can sue either or both and collect from either or both. You have a remedy to file a cross-claim against the roomate for her part of the damages. You cannot make them collect only half from you if you already have a judgment against you.
Your first problem was moving out before the termination of the lease and presuming that all was well. Probably they served her at the apartment with the forcible detainer action to kick her out for non-payment of rent, and named you also as a defendant, and served you vicariously by leaving the lawsuit papers at the apartment, since that was listed as your address. You could get that set aside by a motion to the court, proving that you were not a resident at the time, and that you were therefore not properly served by the process server.
You could also try to settle with the creditor's attorney. Unfortunately you now have a lawsuit and judgment on your record which may affect your credit or your ability to rent in the future.
See an attorney for help to straighten this out.
Good luck.
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