Me and my roommate both signed a lease for an apartment, a couple months down the line circumstances preventing us from being able to pay rent and we moved out. I explain to the property manager everything and told him to do what he needed to do. Recently I received garnishment papers but my roommates name wasn't on it and she never received papers, is that legal to garnish one person when two people signed the lease?
Certainly. The LL is privileged to go after none, one, or both of the individual who broke a lease. The LL can seek to recover ALL the money owed from either one, or both parties. That means a LL can sue either party for everything that is owed. If the LL wins, the tenant then has to consider whether it worth the Tenants time and effort to sue the other tenant for contribution.
Sounds like you already lost at court and the LL is moving to enforce a judgment you did not pay and garnish your wages. Perfectly normal and completely legal. Recommend you meet with an attorney in your area to insure your LL is proceeding properly with the garnishment action.
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Mr Rafter is 100% correct. When you sign a lease - whether by yourself, with a single roommate, or with 100 people signing, you (and everyone who signs) agree to pay ALL the amount due and get contribution from the others for their share.
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