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Co tenant obligation

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Old Apr 15th, 2008, 01:44 PM     #1
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Default Co tenant obligation

Ok heres the scenario. I have a friend who signed as a co-tenant for an apartment. Well they fell upon hard times and had to move out. Of course they owed back rent. This was 4 years ago. Now the landlord has found where my friend works, she wasn't hiding or anything like that, he just decided to look into it again i guess. Now he is trying to get her to pay even attempting to garnish her paycheck.
Ok the question is. Is she responsible for 100% of the debt or only 50% and hasnt a "reasonable amout of time" gone by.
Oh this is in Michigan
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Old Apr 15th, 2008, 09:58 PM     #2
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Default Re: Co tenant obligation

If they were co-tenants and the lease said they were jointly and severally liable for the lease, your friend is on the hook for all of the debt. This clause means the LL may pursue only one or both of them to get the money he is owed. By signing a lease with this claues, the tenants agree to each be liable for everything. This is a standard lease clause.

The other issue is the statute of limitations. While a considerable amount of time has passed, the statute of limitations on contracts in MI is 6 years. So the LL is well within his rights to seek compensation from your freind. He can garnish wages, attach bank accounts, place liens on personal property (and cars in some states), etc.

So, since they were co-tenants, since this clause was probably in their lease, and since it is within 6 years of the debt, he can pursue her for full payment. If the LL collects the whole amount from her, she can file a small claims suit against the other co-tenant to get her 50% of this debt back from him.
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