Legal Question in Bankruptcy in Ohio
My roommate is filing bankruptcy. She intends to vacate the property and include the joint rental agreement in her bankruptcy filing. If I remain at the property until the lease is up am I responsible for her portion of the rent?
2 Answers from Attorneys
In a word, yes. The landlord is due the full amount of his rent; he doesn't care from whom he gets it and since you're on the lease, you become the one person to whom the landlord can look for that full rent payment after the bankruptcy is filed.
Even if you vacate the property with your roommate, the landlord can, and probably would, come after you for the full monthly rent until the landlord re-rents the property. In fact, in the face of a bankruptcy, a landlord CAN (probably won't but CAN) accelerate the lease and come after the non-bankrupt tenant for immediate payment of the full lease.
You might consider talking with your landlord to let him/her know the situation and get a feeling for what s/he will do (i.e., lease acceleration), and, if necessary based on that conversation, hiring a bankruptcy attorney in your jurisdiction (not the same one as your roommate hires; that would be a conflict of interest for the lawyer) to protect your interests in your roommate's bankruptcy.
THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.
Your roommate is entitled to reject the lease in her bankruptcy filing and leave you with 100% of the obligation going forward. Take a look at your lease and see if it permits you to sublet or otherwise find a replacement tenant for your roommate. If not, I agree with my colleague that good communication with your landlord can do wonders for working out an amicable arrangement.
- BensonBankruptcy.com
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