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Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 20183
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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If two people signed a lease for an apartment, and person a

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If two people signed a lease for an apartment, and person a was arrested on drug charges, therefor person b was forced to vacate the apartment due to not being able to pay rent. Now there is an outstanding balance on the apartment and neither is willing to pay. Can person a sue person b for their half of the rent due?

Thank you for the information and your question. If one of the lessees (person A or B) pays the landlord or a court for the rent that is owed, then yes, they would have a right to sue the other party (A or B) for their part of the rent that the person paid. So, for example, if Person A pays the landlord for all of the rent or damages due, then they can take Person B to small claims court to claim half of what they had to pay since both tenants had a duty to pay, but only one did.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 3 years ago.

one last question, if person B calls the collector to setup a payment plan person A would have no grounds to sue? If person B does make a payment plan is there a period of time they have to sue for the other half?

Hello again and thank you for your reply. As long as Person A has not already paid the entire debt, then no, they would have no basis to sue. There shouldn't be a collection if the debt has been paid, so if this is for the same debt then either the collector is owed money or Person A, but not both. If Person B pays off the debt, then they will have 5 years to file suit for repayment of the contract debt that they paid.
Marsha411JD and 2 other Landlord-Tenant Specialists are ready to help you
Customer: replied 3 years ago.

Thank you Marsha! You have been very helpful. Enjoy your Saturday.

You're welcome and best of luck to you!