Posted by Joe on January 25, 2002 at 14:02:12:
In Reply to: Re: Legal Ramifications of Judgment in Joint Tenancy posted by consigliere on January 25, 2002 at 13:36:32:
The fact that the landlord hasn't reduced the judgement while holding onto our security deposits is what makes this whole scenario a tad shady. If the landlord already has the money needed to pay for the 2 months of rent from our security deposits, then why hasn't she reduced the judgement accordingly? I would be fine with her keeping our security deposit, and then let us go after the irresponsible 3rd tenant accordingly, but she's trying to make us pay for the same 2 months twice! Isn't it illegal to expect a judgement for 2 months rent and keep the security deposit to pay for those 2 months?! She's trying to take twice the amount!
The landlord claimed that she would pay back our deposit once the judgement was paid, but now she says we are not getting our security deposit back either way! This is not just.
: 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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