questions & answers

Question: My ex girlfriend and I just signed a lease this February, at the end of March she got into a bad car accident and had to recover at a rehab center and then continued at her parents. She broke up with me the beginning of May and took all her things out. She said she was coming back in two weeks but I don't think she is. She didn't pay her half of the rent of June. Can I sue her for her half because both of our names are on the lease?

Answer: If a rental agreement specifies that the co-tenants are “jointly and severally liable,” this means that if the rental agreement is breached -- because, for example, one of the co-tenants does not pay her share of the rent -- then the landlord may ask for the full rent amount from (and even file a lawsuit against) *either* co-tenant. If this happens, then the co-tenant who is forced to pay the full rent amount may in turn ask for reimbursement from the other co-tenant and even take that person to court if necessary. (If your girlfriend also signed your lease but no longer intends to reside in that dwelling, then she should try to work out an arrangement with you and with the landlord and have her name removed from the lease.)