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Posted by consigliere on January 25, 2002 at 13:36:32:

In Reply to: Legal Ramifications of Judgement in Joint Tenancy posted by Joe on January 25, 2002 at 10:38:53:

The landlord has the right to withhold a security deposit if a tenant moves out and owes rent. The landlord doesn't need a judgment to do that.

If all three of you have moved out, and there were no damages to the apartment, the landlord should refund one month's rent -- to be split evenly between you and your other co-tenant.

If that's done, the landlord has little incentive to collect the remainder of the judgment from the defaulting co-tenant and then give it to both of you. As a practical matter, you and your other co-tenant will have to go after the defaulting co-tenant.
 
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: Over a year ago I signed into a joint-tenant contract, so that all tenants were liable for the others. My roommate did not pay 2 months of rent during the summer, and so the landlord took him to court, won the case, so my roommate received a judgement for the 2 months rent he owed. Meanwhile, the landlord held onto both mine and my other roommate's security deposit, and claim they will not give them back until the other roommate pays his judgement. However, this roommate will not pay his judgement until the landlord pays him his security deposit. He claims that once the judgement is given, they have no right to hold onto our security deposits. What's going on here? Right now the landlord has about 3 months worth of rent for 2 months unpayed, with another 2 months coming in the judgement... What can I do?
: Any help is appreciated.
: Joe

Follow Ups:

• Re: Legal Ramifications of Judgment in Joint Tenancy Joe 01/25/02 (0)

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Comments:
: The landlord has the right to withhold a security deposit if a tenant moves out and owes rent.  The landlord doesn't need a judgment to do that.  

: If all three of you have moved out, and there were no damages to the apartment, the landlord should refund one month's rent -- to be split evenly between you and your other co-tenant.  

: If that's done, the landlord has little incentive to collect the remainder of the judgment from the defaulting co-tenant and then give it to both of you.  As a practical matter, you and your other co-tenant will have to go after the defaulting co-tenant.  
:  
: :
: : Over a year ago I signed into a joint-tenant contract, so that all tenants were liable for the others.  My roommate did not pay 2 months of rent during the summer, and so the landlord took him to court, won the case, so my roommate received a judgement for the 2 months rent he owed.  Meanwhile, the landlord held onto both mine and my other roommate's security deposit, and claim they will not give them back until the other roommate pays his judgement.  However, this roommate will not pay his judgement until the landlord pays him his security deposit.  He claims that once the judgement is given, they have no right to hold onto our security deposits.  What's going on here?  Right now the landlord has about 3 months worth of rent for 2 months unpayed, with another 2 months coming in the judgement... What can I do?
: : Any help is appreciated.
: : Joe


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