Midlothian, VA asked in Landlord - Tenant for Virginia

Q: If my ex moved out and she was on the lease is she accountable for the rent?

Well I cheated on my ex when I was working out of state and we have an apartment together with both of our names on the lease. I got back and everything was gone and she moved out so I asked my best friend to move in and help with the rent, soon to find out she was pregnant with my best friends child. We had a verbal agreement that she would pay the bills and I would pay the rent(rent is $1107 and bills are $300 a month), my question is if I can't afford it is she responsible for the rent too if both our names our on the lease?

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: In most residential leasing situation, when there is more than one occupant/lessee/tenant on the Lease, the Tenants are "jointly and severally liable" for the rent. This means that each of you are individually obligated to pay the rent and your are jointly obligated to pay the rent. If you cannot afford to pay the rent, that reason alone does not shift the obligation to the other person on the Lease. If the Landlord brings an Unlawful Detainer against you for unpaid rent, you are entitled to implead your ex-spouse to demand that she be equally liable in the lawsuit.

For the sole reason that your ex-spouse moved out of the Premises, she is not relieved of the obligations under the Lease.

Verbal agreement are generally not good. Ninety-nine percent of the time, one person's memory of what was agreed to as far as sharing expenses is not what the other person recalls. Hence, you will have a dispute on your hands.

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