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Question on WV Tenant Laws

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S

sickandcurious

Guest
What is the name of your state? Wwst Virigina

I have a question...

my sister is currently renting with her room mate. However some problems have arisen.

First off it was a joint lease signed by 3 people, my sister, her friend and another room mate.

The other room mate decided to skip town and not pay and another person came along and joined the lease.

That person, while my sister was at college, decided to throw parties and do things including with her stuff. So he got kicked out.

Another person came along took that place.

Because of all the problems since the first person took off on them he owed a balance for rent and it was never received. The landlord is upset and has sent my sister papers to take them to court. He is taking her, and her current room mates. He had told them he doesn't feel like locating the first person that took off so hes going to hold the current people there responsible. His argument is that it is a joint lease. He however, is ignoring the fact although it is joint, he is not going after the first person.

As weird as this sounds, it's like discriminating against the first person cause he is no longer there and he is not going to be held responsible for his behalf of the agreement? Does this sound wrong? The person is still locatible and people do have his ph number and current address. Not only that, but the apartment has violated board of health standards for a long time and no one has submitted any complaints.

What should my sister do?
 


JETX

Senior Member
The key to this entire circumstance is missing from your post. Was there only one lease with all three roommates signing it, or were there separate leases for each party??? I am going to assume that there was just one lease.

"As weird as this sounds, it's like discriminating against the first person cause he is no longer there and he is not going to be held responsible for his behalf of the agreement?"
*** Not really. Assuming that there was only one lease, and all roommmates signed it, then each roommate can be held responsible for the entire lease obligation (up to a 100% of the obligation.... the landlord cannot go after 100% from EACH person, only in total). There is no 'discrimination' since it was the responsibility of EACH of the signers to pay the rent, and for EACH of the signers to make sure that the others paid there share. It is not the landlords obligation to 'chase' each person for payment, that is something that the 'collective' leasees must do.

"Does this sound wrong?"
*** Nope. See above.

"The person is still locatible and people do have his ph number and current address."
*** Then the roommate who gets 'stuck' with the debt can sue the other roommmates (that she 'contracted' with).

"Not only that, but the apartment has violated board of health standards for a long time and no one has submitted any complaints."
*** And the value of that statement is zero.
 
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