Legal Question in Landlord & Tenant Law in Virginia
landlord sued for damaged house, other roomates refuse to pay
Was on a lease for 2 years, after 14 month me and the other 2 roomates had defferences and asked me to leave. Before leaving I had a verbal contract with one of the roomates that his sister would be taking care of my share of rent and bills and such(She was living there at the time). After the lease was up there were damages to the rental place. The other 2 roomate did not pay for the damages and the landlord took us to court, at witch the other 2 roomate didn't show up. the judge order us to pay. I'm am willing to pay for my share cause my name was on the lease, but the other 2 roomates refuse to pay anything. What should i do?
1 Answer from Attorneys
Re: landlord sued for damaged house, other roomates refuse to pay
You will have to separately sue the other
roommates to pay you their share. It is possible
that the landlord will be successful in
collection action to collect ALL of it (100%)
from you, and you will have to get the money
back from the others.
If you know where the other roommates are, it
would be in your best interest to tell the
landlord's attorney so that the landlord tries to
collect from them also.
The fact that the other roommates didn't show
up means nothing, except that as a practical
matter the landlord might not know where to find
them to collect money from them. But it does
not change their legal responsibility.
However, the landlord can collect 100% of the
debt from ANY of the 3, depending on whose money
the landlord can find and seize using legal
techniques like garnishment, or garnishing wages.
So if you tell the landlord where the others work, and the landlord garnishes their wages
instead of your wages, then the result might be
what you want.
It is possible that the landlord could collect
ALL (100%) of the money from one of the other
roommates. It is all a question of WHERE the
landlord can find the money first (and easiest).
The court expresses no opinion (usually) about
how much each roommate should pay, just that
somebody should pay.