Legal Question in Landlord & Tenant Law in Alaska

Two tenants signed a lease, which has since become month-to-month. They are in arrears for rent. One of them gave notice and moved out, leaving the other in possession of the unit. Neither has paid any rent since the first gave notice. I believe it is certain that they are jointly and severally liable for all rent accruing from the time they both occupied the rental unit. I don't know whether, going forward, the tenant that moved out continues to be liable for future rent payments (that the tenant in possession has so far declined to pay). Any thoughts? Thank you.

Asked on 10/09/13, 1:02 pm

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

Are you the landlord or one of the tenants?

Whether the tenant who left continues to be liable for the ongoing rent is a good question. To some extent it might depend on the exact terms of the lease.

The landlord could sue both tenants for forceable entry and detainer (eviction) and ask for a joint and several judgment for rent, through the date at which the premises are surrendered. The landlord would also be entitled to costs and reasonable attorney's fees.

If you would like, scan the lease and send it to me. I will review it to give you an opinion as to whether the lease terms tend to answer the question.

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Answered on 10/09/13, 4:08 pm

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