Legal Question in Landlord & Tenant Law in California

My question is somewhat complicated...I got sued in small claims court with a party of three people as the defendants. We were able to settle and agreed to pay the plaintigg $7500 over 13 months over a disagreement about a lease agreement for a home in which three of us lived in together. Our agreement was that each month we would each pay $200 (total of $600) to the landlord until our debt was paid. However, one of my previous roommates has not paid anything in the past 7 months, and I have made up for it. I have now reached my share of $2500 of the debt owed. Is there anything I can do to get my name removed from the records? Or is the way to hold her solely responsible for the rest of the debt? What shoudl I do?


Asked on 4/28/10, 9:10 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

The answer to your question depends upon how the settlement was structured and more importantly, documented either with the Court, or between the parties. You can theoretically be released as an individual, however, it is more likely than not that the plaintiff will not release anyone until the entire amount is paid. Most likely, the judgment held you jointly & severally liable for the debt - meaning you are all on the hook until it is paid in full. Conversely, if you entered into a written stipulation settling the debt, it may have been written in a way that the plaintiff must release you once you paid your share. If I was in your position, I would probably have an attorney review the settlement to determine if you are on the hook until it's paid in full, or if you have a right to demand to be released.

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Answered on 5/03/10, 11:32 am


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