(mass) what if rent isn't paid? serious inquiry

[fields854]

i have been renting at the same property for 3 years. i have signed a lease every year. i have been renting a 3 bedroom apartment with room mates. our last year in this lease, up august 30th, one room mate moved into a new place with his current girlfriend. we had a verbal agreement he would continue to pay rent until the end of the lease. this former room mate has his name on the lease, and has paid last months rent.

today i asked him to send julys rent, he said he refuses to pay it, and said to tell the landlord he won't pay.

if all three of our names are on this lease, and one refuses to pay rent, will the landlord rightly expect us to cover the third room mates rent? and what are the consequences of not paying one third of one months rent? will credit be effected? will we be evicted? etc.

please help. time is running out, and i need to know my options.

If all the names are on the lease, the chances that is says you are each jointly and severally responsible for all obligations under the lease are pretty good. This is standard in leases. This means each of you is responsible for the whole rent amount and any other obligation on the lease. You will have to make up the roommate's share and pay it to the LL.

The LL can refuse to accept partial rent payments and proceed to give you a Pay or Quit notice. You would have to pay the whole rent owed or move out by the end of the notice. If you did not, the LL could file an eviction against all of you (including the one who is gone since he is still on the lease). You don't want this to happen. Once it is filed, it is on your court record. This is a public record that anyone (employers, friends, family, future LLs, etc.) can see. You will be denied housing in the future if this is filed. Once evicted, the LL can sue you for any back rent, rent until it is re-rented since you will be breaking a lease, advertising costs, unpaid utilities, and so forth. Being j & s liable means he can choose who to go after for this money (one or all of you). This will put a judgment on your court record and that is what affects your credit report.

Now questions: Did the vacant roommate sign the newest lease? If not, he is not bound by it. Verbal agreements don't stand up in court I'm afraid. He has given you the required amount of notice that he was moving and has paid you for that period. He has met his obligation. If he did sign the newest lease, when did he move out? He is still obligated to pay and you would have to sue him in small claims court to get his share of the rent. If you haven't taken steps to find a new roommate to take his place, do so quickly.

[fields854]

thank you so much for your response. very helpful.

yes the former room mate did sign the lease that goes until august 30th, 2009. the landlord has his last months rent. he moved out at the end of june, and agreed to pay for julys rent. just the one month. i'm under the impression he is trying to 'screw' the landlord, and not us (the remaining two living at the apartment). i just needed information to give to him letting him know he is going to be affecting us as well.

... where in the lease would it say "jointly and severally". i just don't see it.

[fields854]

found j&s under "definitions" part of contract, thanks.