Legal Question in Landlord & Tenant Law in Virginia

landlord sued for damaged house, other roomates refuse to pay

Was on a lease for 2 years, after 14 month me and the other 2 roomates had defferences and asked me to leave. Before leaving I had a verbal contract with one of the roomates that his sister would be taking care of my share of rent and bills and such(She was living there at the time). After the lease was up there were damages to the rental place. The other 2 roomate did not pay for the damages and the landlord took us to court, at witch the other 2 roomate didn't show up. the judge order us to pay. I'm am willing to pay for my share cause my name was on the lease, but the other 2 roomates refuse to pay anything. What should i do?


Asked on 1/22/06, 5:37 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: landlord sued for damaged house, other roomates refuse to pay

You will have to separately sue the other

roommates to pay you their share. It is possible

that the landlord will be successful in

collection action to collect ALL of it (100%)

from you, and you will have to get the money

back from the others.

If you know where the other roommates are, it

would be in your best interest to tell the

landlord's attorney so that the landlord tries to

collect from them also.

The fact that the other roommates didn't show

up means nothing, except that as a practical

matter the landlord might not know where to find

them to collect money from them. But it does

not change their legal responsibility.

However, the landlord can collect 100% of the

debt from ANY of the 3, depending on whose money

the landlord can find and seize using legal

techniques like garnishment, or garnishing wages.

So if you tell the landlord where the others work, and the landlord garnishes their wages

instead of your wages, then the result might be

what you want.

It is possible that the landlord could collect

ALL (100%) of the money from one of the other

roommates. It is all a question of WHERE the

landlord can find the money first (and easiest).

The court expresses no opinion (usually) about

how much each roommate should pay, just that

somebody should pay.

Read more
Answered on 1/22/06, 6:00 pm


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