Legal Question in Landlord & Tenant Law in California

Hello,

I would like to know the meaning of "joint and severable." I ask this because I am on a lease for an apartment with a roommate who constantly violates the lease agreement, and my landlord has told me that violation fines are "joint and severable" and she (my landlord) told me that means I would be responsible for paying lease violation fines as well (not just my Roommate who is the only one violating the lease agreement). Is this in fact true? This without a doubt seems not right to me.


Asked on 5/11/14, 3:08 pm

1 Answer from Attorneys

The term you are asking about is "joint and several," not "severable," and your landlord is correct. Where two parties contract with a third party, the third party may elect to collect from, or even sue, either of them for any breach of the contract (several), or demand payment from, or sue, them jointly at the same time. If the third party collects from the party who has done no wrong, the innocent party is legally entitled to reimbursement from the wrongful party, but the third party doesn't have to sort out who is wrong, that is between the two joint parties.

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Answered on 5/12/14, 6:59 am


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