Two years ago I leased an apartment with two other students. Each of us were named on the lease. However, one student was allowed to sign a 60 day notice of early termination without our knowledge. Myself and the other student never signed an early termination agreement, nor did we receive a copy of the one the property said was signed. We were asked to move and this resulted in fees. These fees have been sent to collections under one account and I have been unable to clear my credit because the other students have not paid their share of the fees. I recently went to the property manager to ask if these fees could be written off since I never signed an early termination agreement. The property manager says they have no way to access either agreement because of software changes and they are under new management. Should I be liable for these unpaid fees?
1 Answer from Attorneys
You should consult with a landlord tenant attorney and show him/her your documents. I am unclear as to why there were fees, unless you mean that you and the remaining roommate could no longer afford the apartment and left early. Unfortunately, if multiple parties to a contract are sued and/or owe fees, they typically owe them severely/jointly. This means that each of you owe the whole amount. The debt is not split among each of you.
The key is to determine if the fees should be charged in the first place.