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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33714
Experience:  Attorney for over 15 years, landlord 26 years
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My girlfriend and I rented a house with her as the primary

Customer Question

My girlfriend and I rented a house with her as the primary and myself as the seconder. We signed a lease for 12 mos. The rental company said if I paid the money to break the lease they would find someone to rent it. Which I have paid.
Both of us are responsible for the monthly rental payment she is not paying her half. , which I have to pay until they rent the house. What is my recourse of action I have in getting her to pay her half?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If you both signed the lease, then you are both responsible for the entire rent to the landlord under the legal doctrine of "joint and several liability". So you are liable for the entire rent and she is responsible for the entire rent.

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If you had a private agreement between the two of you to split the rent, then you can sue her for half the rental payment in small claims court if you both agreed to break the lease. Then you can garnish her wages, seize any bank accounts, and levy on personal property to collect on your judgment..

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thanks

Barriste