hello, me and my roommate were on a lease for a year. we decided together that it wasnt working then did a termination of the lease. our lease ended in june she left in april to another apt. in the same complex but not on a lease. she failed to pay may and june rent. i went to the rental office but they have done nothing. now they are suing me and not her. i have proof i paid half of may and half of june but cant afford a lawyer. will my proof hold up in court or will they just sue me and not her even though they know where she is?
1 Answer from Attorneys
No, your proof that you paid half of the rent due will not "hold up in court" since you as well as your roommate are each responsible for the entire amount of the rent. The law refers to it as "jointly and severally liable". (And the one who is owed the money is free to pursue for collection either both tenants, or, as apparently in your case, only one.)
Nevertheless, if you in fact end up paying more than your one half share of the rents due, you then could file a case in small claims court against your former roommate to recover any disproportionate amounts which you may have been required to pay in order to settle the matter with your landlord.