I met my roommate on Craig's List (which I will never, ever use again) and we co-signed a joint and several one year lease that began Oct. 1, '08. She paid first month and security deposit to move in, and has not paid any rent since. Not only has she not paid, we were sending in two separate checks each month together, and for three months straight her checks bounced and neither she nor the landlord told me until we got rent demands from the landlord! She has given excuse after excuse, but most excuses have turned out to be lies and I now realize I'm dealing with a very untrustworthy person.
We began getting rent demand notices in early February, and were recently served with a notice of petition and have a nonpayment proceeding court date this coming Monday. The total amount we owe is now very large, and I want to try to convince the landlord and their lawyers to only charge her the money owed since she is gainfully employed and since I have paid my rent on time every month. I also want to ask them not to report me to any TRW, or credit reporting agencies, since the default was not mine. Furthermore a letter of reference from the attorneys explaining that the nonpayment was not on my end would be nice too, to help me explain my appearance on the "tenant black list". Finally, I would really like to end the lease without penalty as part of the court settlement so that I can cut ties with this scammer that I moved in with.
I understand that I signed something that was joint and several and technically I am just as liable as she for the money owed. Are settlements or judgments in housing court ever against only one tenant on the lease, and not both? Since she is employed, can't they garnish money directly from her paycheck as a court order? Furthermore, as far as ending the lease, I would think they too would want to remove this liability (my roommate) from their balance sheets, but you never know in this bad rental market.
I know it will come down to what I am able to negotiate with my landlord and their lawyers in court, but I am so afraid that I will have an eviction on my public tenant record, and that I will owe more than I can afford to basically pay for her and allow her to have been living for free for 5 months! The amount she alone owes is 2 months of my take home pay. Why should I work two months straight in order to let her live for free?? Not fair!! She WORKS!
Any advice for me? Please? I'm very angry, upset, and scared.