Legal Question in Landlord & Tenant Law in Virginia
Landlord threatning co-signor
My mother co-signed for a townhouse for me. My teenage children caused some damage, along with faulty plumbing. The landlord is continually threatening to bill myself AND my mother. Am I wrong in thinking that my mother would be responsible ONLY in the event that any damages are not resolved by me, the tenant? I have no intent to not resolve anything that I'm responsible for, however, I feel he's using intimidation tactics by constantly threatening to sue my mother. I have tried to find some law on the subject, with no success.
3 Answers from Attorneys
Re: Landlord threatning co-signor
Either you or your mother can be sued separately by the landlord or jointly(together)for the amounts which are due and owing under the lease and for which the two of you are obligated.
In the law this is known as the doctrine of joint and several liability.
Re: Landlord threatning co-signor
I can not say for certain without reviewing the documents. However, generally, both you and your mother could be liable and sued as both of you are likely to be jointly & severally liable.
Re: Landlord threatning co-signor
The only things I would add are that the actual wording of the lease can go either way on this. Practically, it may be easier for the landlord to find you than to find your mother, so an attorney might sue her as a last resort. Also, the landlord can't (shouldn't) sue anybody until you are in "default" -- meaning that you have refused to pay when due. If you are paying and fulfilling the obligations of the lease, then the landlord can't sue anybody. So, for example, normally you would have until the END of the lease to fix or pay for damages. Since payment for damages would not be actually due until the end of the lease, you can't be "late" paying for them, and the landlord can't sue anybody... yet.