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Old 07-26-2014, 02:06 PM
 
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I signed a lease a few months ago, I am not the Primary person I am the co-applicant due to credit not being enough. The primary person never lived at the resident but agreed if the rent got behind he would pay half. My hours were cut and now I need help from the primary person on the lease. They are refusing to help and now we will be sued. My question is who will be held responsible? And if a judgement is made can they go after personal assets? The lease is for a year so will we be sued will we be sued for the remaining 9 months that's left on the lease? This is in PA we are renting from a corporate apartment complex. Thanks for any advice.
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Old 07-26-2014, 02:47 PM
 
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You will both be sued. The idea is if you can't pay the co applicant/cosigner pays. If he doesn't pay the LL in this case goes after both parties as they are equally responsible for payment.
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Old 07-26-2014, 03:31 PM
 
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I am the co-applicant , the PRIMARY person never lived on the premises. All the bills come in the PRIMARY PERSON name. He claims because he owns a home he can PROVE HE NEVER LIVED ON THE PROPERTY EVEN THOUGH ALL THE BILLS COME IN HIS NAME. If he can prove he never lived on the premises is he still legally responsible?
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Old 07-26-2014, 03:36 PM
 
Location: St Thomas, US Virgin Islands
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Quote:
Originally Posted by rosyday View Post
I am the co-applicant , the PRIMARY person never lived on the premises. All the bills come in the PRIMARY PERSON name. He claims because he owns a home he can PROVE HE NEVER LIVED ON THE PROPERTY EVEN THOUGH ALL THE BILLS COME IN HIS NAME. If he can prove he never lived on the premises is he still legally responsible?
Makes no difference. You are equally and jointly liable.
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Old 07-26-2014, 04:20 PM
 
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So will we be sued for the remaining 9 months?
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Old 07-26-2014, 05:13 PM
 
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Quote:
Originally Posted by rosyday View Post
So will we be sued for the remaining 9 months?
I dont think they can sue for future rent. Only what you already owe. Typically they try to rerent and you only owe rent for the period that it was empty. Often they rerent quickly.

**Disclaimer: Each state's rules can be different. Possibly yours can charge for entire 9 months without rerenting. Most require landlord to find another renter. They call this "mitigate damages".Check you laws for your state.
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Old 07-26-2014, 06:23 PM
 
18,372 posts, read 20,110,894 times
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Quote:
Originally Posted by rosyday View Post
I am the co-applicant , the PRIMARY person never lived on the premises. All the bills come in the PRIMARY PERSON name. He claims because he owns a home he can PROVE HE NEVER LIVED ON THE PROPERTY EVEN THOUGH ALL THE BILLS COME IN HIS NAME. If he can prove he never lived on the premises is he still legally responsible?

Both parties are equally responsible. Now you will be sued for whatever damages the LL incurred. So past due rent, any fines, any penalties and whatever the lease states as far as damages from the early termination/nonpayment. SST said it. The lease sees both lessees as one individual. Its inconsequential as to who lived in the property and who didn't. Yet another reason why you don't cosign or lease with a partner.
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Old 07-26-2014, 06:25 PM
 
Location: New York
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PA law does not require a landlord to mitigate damages by finding a new tenant. The tenant and co-signer are responsible for the full term of the lease.
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Old 07-26-2014, 08:39 PM
 
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Will they go after are personal assets(lien on car house ect...) if judgment is won against us in court?
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Old 07-26-2014, 08:49 PM
 
Location: New York
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Yes, if they win a judgment in court, they can place liens on any property you own. They can also garnish your salary a levy bank accounts.
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