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Indianagirl72 · Jun 30, 2010, 02:17 PM

4 of us live in a house. Each pays the landlord 1/4 of the total rent. It's been this way for over 15 months. The lease, which had 2 of the 4 people listed, has expired 6 months ago. One housemate failed to pay rent in Feb and March. The other in March and thus the landlord sent us a 5 day notice for nonpayment. I gave the landlord my 30notice that same day. I know I'm "jointly and severally liable", but for what? Only the 30 days or until the other housemates move out or until the court officially evicts them?

JudyKayTee · Jun 30, 2010, 03:09 PM

When your lease expired it converted to a month-to-month tenancy with the same terms. You are liable for one month.

You will owe 1/4 of whatever the Court awards the landlord, assuming the other tenants move out due to an eviction proceeding.

If they do not get evicted you owe 1/4 up until now and then for that last month (30 days), for which you gave notice.

In some States a lease DOES become an other lease with the same terms unless it is cancelled in writing; then it becomes month to month.

Where are you?

excon · Jun 30, 2010, 03:29 PM

Hello:

Jointly and severally means that if 3 of you move out, but the 4th one stays and causes the landlord problems, and wrecks the house, you can be sued for ALL of it - not just your share.

excon

JudyKayTee · Jun 30, 2010, 03:46 PM

The OP uses "jointly and severally" without legal basis as I see it. Much of what happens next depends on the State. If the OP gives notice and it's month to month, OP has no further responsibility - IF there is no "automatic" lease clause.

Indianagirl72 · Jul 1, 2010, 06:22 AM

Thank you , thank you, thank you for the responses! We are living in Virginia. What does "OP" mean?

The Lease had a clause that stated it would not be extended automatically, and the VA Landlord Tenant Act states that hold-over agreements become month to month.

Is it true that by accepting rent from the 2 people not on the lease (for over 15 months), that the landlord created an agreement with them as cotenants?

ScottGem · Jul 1, 2010, 06:27 AM

OP is Original Post or Poster.

If the other non leasees paid the landlord directly and he accepted those payments from them, then it may be considered that he accepted them as leasees. Its not a slam dunk, however.

The most you could be responsible for is one months full rent because of the joint and severally clause.

landlord_lady · Jul 1, 2010, 10:22 AM

In Virginia, the landlord must take all parties on the lease to court. The court determines the liability split. You could indeed be responsible for all of the rent, if you are the only person with the ability to make the rental payments. The other people not listed on the lease, can be charged with resigning there illegally, should the landlord wish to go this route.

Depending on when you receive notice and when you go to court, depends on how many months you will owe/or the portion thereof. If you receive you notice in June, and your court date is in July, then another month has inured between the processing date and the court date, the Landlord will ask for this to be included and adjusted on the day of court, and in Virginia, this will likely happen with out additional paperwork needing to be processed from the landlords end. It is rare that a Judge does not include this, so be prepared.

If the landlord wins, you will be evicted and a judgment will be taken against the guilty parties, and a collection will be the responsibility of the Landlord. They will go through the civil court for this, for garnishment or a lien.

landlord_lady · Jul 1, 2010, 10:25 AM

In regards to the 5 day notice and the 30 day move out notice, you may give the landlord the 30 day notice, but the 5 day eviction notice prevails legally. If the rent is not paid in full in the 5 days, then eviction of ALL parties on the lease will be the rite of the Landlord.

JudyKayTee · Jul 1, 2010, 10:35 AM

Originally Posted by landlord_lady

In Virginia, the landlord must take all parties on the lease to court. The court determines the liability split. You could indeed be responsible for all of the rent, if you are the only person with the ability to make the rental payments. The other people not listed on the lease, can be charged with resigning there illegally, should the landlord wish to go this route.

Depending on when you receive notice and when you go to court, depends on how many months you will owe/or the portion thereof. If you receive you notice in June, and your court date is in July, then another month has inured between the processing date and the court date, the Landlord will ask for this to be included and adjusted on the day of court, and in Virginia, this will likely happen with out additional paperwork needing to be processed from the landlords end. It is rare that a Judge does not include this, so be prepared.

If the landlord wins, you will be evicted and a judgment will be taken against the guilty parties, and a collection will be the responsibility of the Landlord. They will go through the civil court for this, for garnishment or a lien.

You did read that there is no lease and it's a month to month, right?

The OP is giving a 30 day notice on a month-to-month tenancy.

Please give me a citation covering what you have said because I don't understand your legal theory here.

AK lawyer · Jul 1, 2010, 10:42 AM

Originally Posted by ScottGem

... The most you could be responsible for is one months full rent because of the joint and severally clause.

I don't see mention of a "joint and severally clause" by the OP. But according to the principle of joint and several liablility, I suspect that the OP may be liable for all the rent, not just her portion.

I also suspect that the OP may be liable for all the arrears, not just one month,