Denver, CO asked in Real Estate Law for Colorado

Q: I am the guarantor for a 12-month apartment lease for my son (a college student) and his girlfriend (who works).

They are both signed tenants on the lease. The girlfriend walked out with no notice and 4 months remaining on the lease. I have paid the rent to the apartment complex in full each month since the beginning of the lease, and the girlfriend has paid me her share monthly. Can I take her to court for her share of the remaining 4 months on the lease for which she has not paid rent? The apartment is in Colorado.

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1 Lawyer Answer

A: Yes - a lease creates a right to possess and an obligation to pay rent. Thus, whether or not she lives there she has a duty to pay rent.

Good Luck!

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