Legal Question in Real Estate Law in Georgia

It is impossible to give you a full-proof answer without seeing the written lease, which contains the terms of your agreement with your son and the roommate. With that said, most standard leases give the landlord the ability to go after either or the roommates or both the roommates in the event that rent is not paid. The landlord doesn't care, nor is it or should it be the landlord's problem that one roommate has failed to pay. The landlord wants and should be paid in full and the landlord does not care where the money comes from, fair or not to your son.

Maybe someone else will reply to your question with other options, but in my experience, you have 2 choices:

1. Pay the other roommate's portion of utilities and rent so your son doesn't get evicted. This will get the landlord off your back as long as your continue to pay. At the same time, write a letter (overnight delivery service so drop off can be tracked) to the roommate and his guarantors (I'm assuming his parents or guardian) demanding that they pay their outstanding portion of the utility and rental payments. Be polite but firm. Give them 10 business days to reimburse you/your son and suggest that you are ready to pursue legal action to collect if necessary. Keep a copy of the letter and print a copy of the tracking which shoes that the letter was dropped off. If 10 days comes and goes and you hear nothing from them or they tell you to take a proverbial hike, then you may file a lawsuit in magistrate court (small claims) to recover your money. As such, you should begin collecting all receipts proving that you paid the other roommate's portion of rent and utilities -- if you can't find receipts you are likely out of luck. Also note that you will have to go back to court every time the other roommate falls behind on payments. OF COURSE, YOUR CHANCES OF SUCCESS IN COURT GREATLY INCREASE IF YOU HIRE A LAWYER TO REPRESENT YOU, TO WRITE THE LETTER FOR YOU, TO MAKE THE PROPER FILINGS WITH THE COURT, AND TO APPEAR IN COURT ON YOUR BEHALF.

2. No one can predict how long it will take the landlord to file eviction proceedings against you. The landlord may file the minute it doesn't collect the full rent one month, or it may wait several months of non-payment to move to evict. Regardless, I never recommend stopping payment of rent. I would continue to pay your portion of the rent and basically wait for the landlord to evict me. Once the landlord evicts (and your son will be evicted if the landlord is not receiving its full rent) and comes after you for the money it is owed, you can sue the dead-beat roommate for his portion of the utilities and rent. #1 above is the best option, but if you cannot afford to cover the other roommate's portion of rent and utilities (I understand that times are tough!), this is your 2nd and only option. And of course, as above YOU SHOULD CONSULT A GEORGIA REAL ESTATE LAWYER FAMILIAR WITH LANDLORD/TENANT LITIGATION AS YOUR CHANCES OF SUCCESS WILL BE BETTER.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

Mr. Cook's answer is excellent. The only thing I would add is that you have taught others why it is an awful idea to have roommates sharing rent, and while it is an awful idea to guarantee and cosign leases.