Q: Impact of one tenant filing bankruptcy on shared month-to-month rental debt in Washington.
What happens to a shared apartment rental agreement when only one tenant files for bankruptcy? Both of our names are on the lease, and we are on a month-to-month plan. We are currently a month and a half behind on rent, but we have not received an eviction notice. The landlord does not accept partial payments, and we haven't communicated with them about either the unpaid rent or the potential bankruptcy filing yet. In this case, if I file for bankruptcy and cannot pay my portion of the rent, does the tenant who is not filing for bankruptcy become responsible for all the rental debt?
A: Yes. The non-filing tenant is still responsible for the entire amount under the lease.
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A:
If you file for bankruptcy in Washington while on a month-to-month lease with another tenant, your legal responsibility for past rent may be paused or discharged, depending on the type of bankruptcy you file. However, the landlord can still pursue the other tenant for the full amount of the unpaid rent, since both of your names are on the lease. In a joint lease, you're typically jointly and severally liable, meaning the landlord can hold either or both of you responsible for the entire debt, not just your share.
Your bankruptcy might protect you from collection efforts, but it doesn’t erase the obligation for the other tenant. If you can’t pay, your co-tenant may end up covering all the back rent to avoid eviction or further legal consequences. This can understandably create tension between tenants, especially when there's no clear plan for how to handle the debt moving forward.
It’s important to talk with your co-tenant before filing and try to come up with a plan together. Also, consider letting the landlord know what’s going on before things escalate. Communication can help prevent surprises, like a sudden eviction filing. Even if bankruptcy gives you some protection, the shared nature of your lease means your actions could affect someone else in a big way.
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