Legal Question in Landlord & Tenant Law in Virginia

Oral agreement

I had a friend stay in my room in an apartment i was sharing with a roommate. we had an verbal agreement that she would pay rent until she got a cosigner to cosign for the lease transfer. the apartment notified us we were getting evicted and taken to court because she didn't pay 3 months rent. we have witnesses, text messages, AIMs proving that she agreed to pay rent. I'm prepared to take her to court.

do I have a case and what kind of court should I take this to, is it the small claims court? the amount Im asking for is between $2000-$3000

and if I win can the apartment correct the negatives on my credit report?

and is there anything else I need to do?

thank you.


Asked on 4/14/08, 12:46 am

1 Answer from Attorneys
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Oral agreement

It is necessary to examine your written lease with the landlord. However, it is possible, that you are liable for all the rent, whether a "co-tenant" pays or not. This is joint & several liability which means that if two or more people sign a lease, each of them is responsible to pay the entire rent to the landlord. If your "friend" fails to pay, you may have a claim against her, but that may not prevent the landlord from pursuing you. Considering the amount of money involved and the risk of eviction, you might want to contact an attorney.

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Answered on 4/14/08, 7:43 am


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