Legal Question in Credit and Debt Law in New York

Re: Lien payments

While it would clear their credit, you would be entitled to have them pay you back.

A better plan might be to offer the landlord 1/2 of the back rent (twice your share) if he would agree to clear your credit.

That would be in your interest and the landlord might agree.

Re: Lien payments

Under the law, each tenant to a lease (assuming there is a written lease and everyone signed it) is liable for the entire rent to the landlord. That is, if no one else pays, you would be liable for all the rent. As Nitzberg sets forth in his answer, you would then have a claim against the remaining co-tenants for "contribution" since they would be liable to you for their fair share. Paying their debt would clear their credit as far as the landlord is concerned since they would not owe him money. THe question posed by Groezinger is "how do you know the landlord has a lien?" He would have had to sue you to get it (only a judgment, entered by a court, after proper commencement of a legal proceeding against you (and the rest of the lease holders) would result in a lien). You would have received some notice about such a proceeding and if not, you would be able to vacate (end) the lien. If there is no written lease, you may be off the hook altogether. The payment to the landlord should be a last resort. How close are you to your roommates? How much is owed? Could you contact their parents? You should not let them not pay their rent.

Re: Lien payments

You cannot get a lien without a judgment. How did the LL get the lien in the first place? Was there a legal proceeding?

Feel free to contact me with any further followup.

Good Luck.

RRG