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If there were 4 names on a lease and the damage fees weren't paid and had to be sent to collections, would it be on all names?

Orlando, FL |

I lived in an apartment with 3 others and at the end of the stay they sent us the damage fees of about 1200. No one paid there part of the fee, therefore it was sent to collections but it was only sent to one of the names. Just because it was addressed with one name does that mean they only have the fees under their collections? I checked my credit and I didn't see anything under my name.

Attorney Answers 3

Posted

Everyone on the is jointly and severally liable (unless the lease says otherwise). Meaning everyone is responsible. The collector may elect to sue only one person. But that person would have a right to seek contribution from the others if they paid the full amount due.

www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.

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Asker

Posted

The amount has already been sent to collections but under one name. All the rest of us have to do is just pay her our portion correct?

Bennett James Wills

Bennett James Wills

Posted

Technically you're responsible for 100% of the debt. That's what jointly and severally means. But if everyone agrees to each contribute 25%; that's fair and what I would recommend doing.

Posted

If all four of your signed the lease, all four of your are "jointly and severally" liable for damages under the lease. This means the landlord can pursue just one of you for the full amount of damages, ignoring the others. Pursuing collection of the debt and reporting the debt to credit bureaus are separate things. The landlord can do either, both, or neither. If you are concerned about your liability and your credit, you should consult an experienced lawyer in your area.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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The amount has already been sent to collections but under one name. All the rest of us have to do is just pay her our portion correct?

Posted

It should be, as joint and several liability.

R. Jason de Groot, Esq., 386-337-8239

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