Hi

I live in State College PA. I am in a JOINT LEASE with a friend on mine who sublet his part to someone as he got a job in the west. So here's the problem, the subtenant has not paid his share of the rent since past 3 months and the late fees incurred. Also he vacated the apartment while I was gone for July 4th weekend and is nowhere to be found.

The landlord sent a notice for the balance to be paid in full within 10 days or else I would be evicted and he would seek legal action.

My question is that why should I be responsible if the sublet was from my friend and also if I have been paying my share of the rent every month? Is there a law that can protect me? I really need help.

Thanks for replying

Read your lease carefully. Most likely it contains a paragraph that says something like "each person who signs this lease is jointly and severally liable". This means that even though you've been paying your share, if the roommate (or his subtenant) does not pay then you can be held responsible for the amount that was not paid.

Unfortunately, your only option is to pay the amount that is past due to prevent eviction. Then contact the guy out west who signed the lease, tell him that he owes you for the amount of back rent and late fees that you paid on behalf of his subtenant, and that he'd better find another subtenant immediately or start sending his share of the rent each month. If he refuses, sue him and start looking for a new roommate to take over his share.

I wish I could have given you better news. :( Good luck!

Thanks LISA for your reply. I really appreciate you talking the time to read my post.
Now here's one more issue the balnce due is $1200 ($960 for 3mths jerk B'srent + $240 in late fees)
Since it was a joint lease I was required to sign the sublet form in addition to ‘jerk A’ (my friend) who was the sublessor. The form stated that if the subtenant (jerk B) fails to pay, the sublessor could be held accountable.
Now ‘jerk A’ is not claiming his responsibility.
During the sublet he also got half ($320) of the security deposit back (replaced with jerk B’s $320) which should have been split between us, but he didn’t do the necessary and kept it all to himself. Now when money has to be paid he wants me to chip in half the balance.

What should be my course of action?
1) Should I wait for the landlord to sue us and then let it be decided in court?
2) If I decide to pay all the balance upfront then who should I file a claim against and for how much? Can I claim any amount for all the mental agony this has caused me as I have lost sleep and have not been able to focus on my PhD research.
3) Is there a way for me to prove that I am not liable since I paid my share of the rent ($320) every month?
4) Can I argue that I signed the sublease document just because it was required as a part of the joint lease and that it should be “jerk A’s “responsibility.
5) Also in case of a legal suit if both of them fail to show up, what would be the consequences / decision even though if I would be present?
6) Can I file a plaintiff, against both jerks in my defense?

Thanks in advance for replying.

The answers to your questions are:

1. There is nothing to be decided in court. If the landlord sues you the landlord will win.
2. If you pay all of it now then you can file a lawsuit against your former roommate AND the person he sublet to. You sue them both for the full amount. Unfortunately you cannot sue them for the emotional agony you've been dealing with.
3. Nope. By signing the sublet agreement you agreed to be responsible for the entire amount. Also, most likely your lease contains the "jointly and severally liable" clause I mentioned in my first response, so you would be responsible for the entire amount anyway.
4. That argument will apply only in the lawsuit between you and your former roommate. It will have no bearing in the case where the landlord sues you for the entire amount.
5. If you were present and both of them failed to show up then you would get to show the judge your proofs (the original signed lease, the sublet form and any written notices you received from your landlord about the back rent) and the judge would grant you a default judgment. You would have the judgment docketed and then you would have a lien against them and you could file for garnishment of their wages.
6. You would be the plaintiff and both of them would be defendants.

The most important part of your situation is that your landlord can have you evicted if the back rent and late fees are not paid. So your only choices are to pay all of it now on your own, or to make your former roommate pay it. Since it is unlikely that your former roommate will pay it voluntarily right now, your best bet would be to pay the entire amount now (to avoid eviction and protect your credit rating) and then sue your former roommate and the subtenant.

In the meantime, have you found another roommate?