I'm in a joint contract for a student house with 2 other guys, and before we moved in we had to get our parents to sign guarantor forms and also arrange with our bank for money to go into their account. the problem is, only two of us did this. the third housemate never did either of them, and then 6 months in, left without paying most of his rent. The landlords never chased us up for the rest of the money, but he's mentioned a few times that the two of us will have to make it up by the end. Can that be legal, considering they never forced the guy to sign a guarantor form and didnt even chase him up for money until 3 months into the tenancy???
2007-06-23
09:28:40
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14 answers
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asked by
Anonymous
in
Politics & Government
➔ Law & Ethics
I'm not a lawyer, but I'd say it may be 100% legal. Your names are on the lease. Is the third party's?
On the other hand, if you do wind up paying for the deadbeat's share, you can go after him in small claims court. Keep records of everything you may need to prove your case. The more hard evidence, the better and originals beat photocopies. Even email correspondence getting him to admit responsibilty for his share could be useful.
2007-06-23 09:35:59
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answer #1
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answered by The Phlebob 7
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Depends on whether the lease was joint or several. Did you sign individual agreements with the landlord or agency or did you all sign one lease.
If it is joint, then the remainder of you will have to come up with the full money.
If it is several, you will not be responsible for any more rent but you could get a random roommate.
In this case, only the two of you are responsible for the rent so yes, you have to pay. Don't ever trust your friends that much when it comes to money. That type of trust has to be earned and I have only 2 friends I think I trust that far.
2007-06-23 09:34:01
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answer #2
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answered by Scott L 4
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If the third housemate never signed anything and the other two of you did, then legally you are between you (or your parents if you dont have the money) responsible for the whole of the rent until the end of the tenancy. The only way to recoup what he owes you for the time he was there is to take him to court. Or get someone else to share with you and try and defray the future rent a bit.
2007-06-23 09:33:53
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answer #3
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answered by jeanimus 7
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You have to do whatever the contract says, no more , no less. If the contract says you have to pay for three people then there is no question about it.
It doesn't matter if they didn't chase the other guy. They had a contract signed by you two, so they have no need to chase anyone around.
You can try to sue your "friend" but that's it. The landlord has his contract with your signature on it. So it's over.
Be smarter the next time. A joint contract is a contract with the devil.
2007-06-23 11:14:12
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answer #4
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answered by ? 7
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No she can not increase the rent for the last month; are you sure her notice is not for July. But be sure to right back according to the requirements of the lease agreement, do not call and dispute the increase. You always want to go on record as disputing the increase. The only reason she would give you notice to quit is you are in a highly desirable building and you have been late several times. And a three bed room unit is usually highly desirable.
2016-05-18 03:57:00
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answer #5
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answered by Anonymous
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Now that he has left, the two of you will have to pony up the money for his part or risk being evicted. You have already received a verbal warning as to needing to make up the difference. If the other guy never signed anything, he is in the clear unfortunately, and you two are left holding the renter's agreements to pay.
2007-06-23 09:32:46
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answer #6
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answered by Sparkles 7
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your agreement with paying was between yourselves. Not an agreement that it was split 3 ways with you as tenants. You will be liable and will have to chase the cash with your local Magistrates court or small claims court. Although all your names may appear on the rental agreement you are all liable for the debt either singularly or individually in your landlords eyes. It is not his fault your friend did the wrong thing. The court will only look favourably on him if you try to not pay. Try and find ANY written proof that you all agreed to this. Something the one who left wrote or get him to answer you about it without letting him know you are going to fight this. Write to him and say you want him to remember what you all agreed to. HOPEFULLY he wil fall into the trap of actually saying yes ~I know I agreed to that but......and when he does you can use that as evidence in court.
2007-06-23 09:36:52
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answer #7
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answered by Confuzzled 6
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I'm not sure in your case i know when i entered into a contract to share a house with others i was left with the bills and rent from others not paying.
as far as the landlord was concerned he leased it to all of us and it was a joint responsability to pay- did not care by who as long as someone payed- seek advice before goes too far.
2007-06-23 09:37:30
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answer #8
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answered by sweetpea 4
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No you are safe.
It was the responsibility of your landlord to make sure he got the guarantee from the other person.
It is not your responsibility and if your landlord suggests it is do not pay.
If you need help go to your nearest C.A.B and they will help.
2007-06-26 18:42:19
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answer #9
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answered by Anonymous
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It looks like you're out of luck. However, you'll have to look at exactly what the contract states.
Come back and post the details.
2007-06-23 09:34:45
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answer #10
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answered by Anonymous
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