Legal Question in Landlord & Tenant Law in Maryland

4 college students and 4 parents signed a lease, landlord is sueing only 1 student and 1 parent becasue the other ones made a settlement, however the same settlement was not offer the 1 being sued.. Can a landlord separate the tenants and make side deals


Asked on 11/11/10, 5:34 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends on the terms of the lease, but without reviewing the lease, the answer is "probably, yes." Landlords are usually smart enough to draft their leases so that the tenants and co-signers are "joint and severally liable." This is a fancy way of saying that if the rent is not paid (or there is some other breach of the lease), the landlord can go after none, some, any, or all of the tenants and co-signers in the landlord's discretion. The landlord is likely under no legal duty to offer you each the same settlement deal. Why should the landlord have to be fair when all he wants is to recover what is he is contractually owed? With that said, if you feel that you are paying an unfair percentage of the amount owed compared to the other tenants and co-signers, your only recourse is against your fellow co-tenants and co-signers.

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

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Answered on 11/16/10, 5:42 am


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