LANDLORD TENANT, Joint & Several Liability
Definition: Where two or more person are liable in respect of the same liability, or a designation of liability by which members of a group are either individually or mutually responsible to a party in where favor a judgment has been awarded.
Scenario: After living in the dorm their freshman year Julie and Beth decide to live together off campus in a two bedroom apartment. Prior to the end of the spring semester both students attended a lease signing party at one of the local bars. At the party the leasing agents served food and non-alcoholic beverages creating a festive atmosphere. By the end of the night Julie and Beth both signed the dotted line and committed to a two semester lease starting August 25th and ending the following May. At the start of the fall semester Julie and Beth were getting along great attending class and spending time with mutual friends. Sometime during Christmas break Julie started acting funny and eventually dropped out of school. At the start of the spring semester Beth sent the landlord her rent payment which covered the first 3 months of the year. Later in the week Beth received a certified letter from the landlord demanding the other part of the rent which would have been Julie’s share of the lease. Beth dazed and confused immediatley contacted the leasing office and inquired why she was receiving such a letter. Ashley, who received Beth’s call pointed out to Beth that she was responsible for the entire portion of the lease regardless of the fact that Julie dropped out of school. Beth feeling overwhelmed did not understand why the landlord was seeking Julie’s share of the lease from her. Beth felt that since she paid her portion of the lease that she should not be held responsible.
Question: In the above scenario is Beth required by law to pay not only her share of the lease but Julie’s also?
Answer: YES, because both students signed the lease jointly creating liability upon each individually if the other failed to meet their individual obligation under the lease agreement.
Landlord Right’s under above scenario: If Beth fails to pay Julie’s portion of rent the landlord can seek legal action asking the court to remove her from the apartment and for a money judgment.
Beth’s Right’s under the above scenario: Beth must pay the entire amount due but can turn around and sue Julie in small claims court for contribution. Beth should notify the landlord in writing upon learning that Julie was not returning and therefore not paying her share of the lease. Landlord is in the business of leasing apartments and therefore is in a better position to mitigate the damages than that of tenant. Failure of landlord to seek a sublessor could in some states allow for an affirmative defense for Beth if she fails to pay the other portion of the lease. Beth should also try to seek out a sublessor by posting an ad in the college paper and putting information both online and on college message boards. Beth should also wait until the end of the lease to sue Julie because a court will not grant relief for something that has yet to occur.
LESSON: If you sign a lease joint & severally with one, two or three other friends, failure of any or all to pay their rental obligations could allow the landlord to seek relief from all of you or you alone.
IF YOU SIGN A LEASE INDIVIDUALLY NOT JOINTLY than under Michigan law the landlord cannot seek relief from you either through eviction or seeking damages if your roomate fails to pay their individual lease.
DO NOT SIGN A LEASE WITH A BOYFRIEND OR GIRLFRIEND. ALL TO OFTEN THIS ENDS IN A BREAKUP CREATING THE ABOVE SCENARIO.
READ WHAT YOU SIGN AND ALWAYS SEEK LEGAL COUNCIL BEFORE SIGNING ANY DOCUMENT. FAILURE TO READ THE SMALL PRINT IS NOT AN AFFIRMATIVE DEFENSE NOR IS IGNORANCE OF THE LAW.
CMU Student Lawyer Todd Levitt can be reached for a free consultation at 989-772-6000