Legal Question in Credit and Debt Law in Michigan
Collection on apartment eviction w/3 tenants
My son rented an apartment 7 years ago with two other roommates. All three names were on the lease. One of them decided to stop paying rent. My son tried to pay his share, but it wasn't accepted and they were evicted. Now a collection agency is asking my son to pay $3,900, the whole amount He has been trying to negotiate with them to pay 1/3rd, but they want it all. They have the names of the other two roommates and my son has given them as much information as he knows about where they are. Is there anything he can do? Is he obligated to pay the whole amount himself?
3 Answers from Attorneys
Re: Collection on apartment eviction w/3 tenants
If he signed the lease, and unless the lease states otherwise, he is liable for the full amount, as are the others. However, he may collect from the others as to their share which they will owe to him.
Re: Collection on apartment eviction w/3 tenants
Yes, he is obligated to pay the entire amount, if that is what the terms of the lease specified. usually that is the case, because the lessor is not preppared to chase down the other two. His remedy is to force the other two into court with him before a judgment is reached.
Re: Collection on apartment eviction w/3 tenants
Many leases make tenants jointly and severally liable on the rent, which means that each and every tenant is liable for the whole amount of the rent. While it would be in your son's interest to divulge location for the other two tenants, he will still have to address the action against him. If he is required to pay out to the landlord, he will have a claim for contribution from the other tenants. www.lawgreg.com
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