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View Full Version : AZ LAW - Broken Lease Agreement / Collections Dispute


gm66807
Jun 25, 2012, 12:38 PM
I need some assistance. 1 Year ago I signed a lease (with an apt. complex) along with a friend. Throughout the year, my friend developed a drug problem and eventually stopped paying rent and doing damage to the apartment. I continued to pay the full amount of rent each month, but once the lease ended we both moved out and not the Apartment Complex is attempting to collect $ for the damages done to the apartment. While I fully accept that I signed a lease and do not want to back out on my responsibilities just because of my poor choice of roomates, I am not in a financial position to pay the full amount. I have been in contact with the Apt complex and made the following offer - I will pay 50% of the balance owed, and they can pursue the remaining balance with the other signer of the lease. They rejected offer and stated that
"Unfortunately, my manager has informed me that we cannot split a collection account between roommates. Untill the balance is paid in full, both parties are responsible for the amount due."

Is this due to a law or a personal decision on the part of the Apt complex? Also, does anyone have any recommendation on how I can proceed and avoid getting sent to a collections company?

smoothy
Jun 25, 2012, 12:42 PM
I need some assistance. 1 Year ago I signed a lease (with an apt. complex) along with a friend. Throughout the year, my friend developed a drug problem and eventually stopped paying rent and doing damage to the apartment. I continued to pay the full amount of rent each month, but once the lease ended we both moved out and not the Apartment Complex is attempting to collect $ for the damages done to the apartment. While I fully accept that I signed a lease and do not want to back out on my responsibilities just because of my poor choice of roomates, I am not in a financial position to pay the full amount. I have been in contact with the Apt complex and made the following offer - I will pay 50% of the balance owed, and they can pursue the remaining balance with the other signer of the lease. They rejected offer and stated that
"Unfortunately, my manager has informed me that we cannot split a collection account between roommates. Untill the balance is paid in full, both parties are responsible for the amount due."

Is this due to a law or a personal decision on the part of the Apt complex? Also, does anyone have any recommendation on how I can proceed and avoid getting sent to a collections company?
They have broad leeway to go after one or both of you... You happen to be the one they picked.

How do you avoid this... borrow the money to pay them off for the damages owed... or they can go after court fees, and interest too... even as far as garnishing any and all future bank accounts and paychecks until the full amount of the garnisment they will win is settled.


Then after YOU pay them back... you sue the junkie for half of it. Perfect example of why one should choose roommates carefully if I ever saw one.

ScottGem
Jun 25, 2012, 12:44 PM
The law gives them no obligation to split the bill. So your recourse is to pay and sue your roommate.

AK lawyer
Jun 25, 2012, 12:51 PM
...
Is this due to a law or a personal decision on the part of the Apt complex? Also, does anyone have any recommendation on how I can proceed and avoid getting sent to a collections company?

As ScottGem wrote, this is normal law. You and the room-mate are jointly and severally liable for the damages. Sue the room-mate to indemnify you for the his/her fair share of the damages you owe.