Legal Question in Credit and Debt Law in North Carolina

Two names on a lease; who has to pay?

IMy question is this: myself and another friend had signed a 1 year lease with an apartment complex. However, due to the fact that this other individual was "losing control," I had to move out in order tom protect my well-being. I had informed this individual several months in advance of my departure, and he was alright with my decision. However, my roomate was unable to fulfill the lease agreement, and was therefore evicted. Now, a collection agency is demanding that we pay 660 dollars. This situation is now affecting my credit. The credit agency is insiting that the bill cannot be split in half - each paying 330 dollars. Are we legally resopnsible to pay the entire amount eventhough two names were on the lease. Why can't the collection be paid by halves, thus clearing up the credit of those who pay their amount of the collection. If I pay 330 dollars should my credit be cleared up, seeing how two names were on the lease? I think it should!!!


Asked on 4/13/98, 4:02 pm

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

See a lawyer in NC

What you think and what is real are likely two different things in this situation. A lawyer in the state where you signed the lease (presumably NC) would be able to tell you your rights, etc. I am not licensed in NC and, as such, my comments are limited to a general legal principles perspective ONLY. More than likely, either one of you is responsible for the full unpaid amount--whomever they get it from first is the one that should have a right to collect the other half from the non-paying roommate. Maybe you should try to collect the 1/2 from your former roommate yourself NOW rather than simply waiting for a collection agency to harass you and/or the roommate. Take some action rather than reacting to the collectors.

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Answered on 4/30/98, 5:30 pm


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