Legal Question in Bankruptcy in New York

bankruptcy laws regarding joint parties on apartment lease

When two people sign a rental agreement for an apartment, can one of the two file for bankruptcy and if so is the other party than liable for the remaining rental term. If the other party than cannot pay the rent, can the landlord than evict and sue that person?


Asked on 4/24/04, 1:18 am

2 Answers from Attorneys
William Pinzler william M. Pinzler

Re: bankruptcy laws regarding joint parties on apartment lease

In a word, yes (to both questions).

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Answered on 4/24/04, 11:00 am
Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: bankruptcy laws regarding joint parties on apartment lease

Yes, if 2 people co-sign a lease one of those persons can file for bankruptcy and the remianing person on the lease can be then held fully responsible for all the rent and be sued or evicted by the landlord. The person filing for bankruptcy can also be evicted but rent money owed by that person up to the date of filing generally cannot be collected by the landlord as it is discharged in the bankruptcy. However, debt incurred after the filing date may be collected.

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Answered on 4/24/04, 2:17 pm


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