Ex bounced 3 months worth of rent checks

[TCool]

What is the name of your state? WI

My ex gf and I were living together up until a month ago. We signed a one year lease that expires at the end of April. She decided to move out and agreed to pay March and Aprils rent because I am not working due to being a full time student, and her agreeing last july to pay rent while I attended school. So, she wrote me a check for two months worth of rent, and when I called my landlord to let them know I had one check for two months they told me that the check she wrote out in January bounced. I, and the landlord, called her up and she claimed to just be having bank issues and that she would clear it up and the check I had would be just fine. Well, it wasn't, that check bounced too. Now, I'm officially 2 months behind in rent with April's rent due in a couple weeks. My question is: Is she responsible for the unpaid rent because she bounced the checks? And, if that is the case can she be held responsible for April's rent too because the most recently bounced check was written out for march and april rent? Or, do I only have the capability to go after her for half of the unpaid rent?

Thanks much, let me know if you need more information.

 

[Hot Topic]

So, your girlfriend was paying the rent for both of you so that you could go to school. What were you contributing to the household, or did she have to pay the utilities and buy the groceries too?

Since both your names are on the lease, the landlord may very well go after you unless there's something in the lease in which your girlfriend agreed to pay the rent for both of you.

 

[Accountable]

Except that she can be prosecuted for the hot checks if she does not make good on them.

 

[TCool]

Hot Topic: What I contributed was 3 years of supporting her prior to all of this. Fortunately the landlord so far is working with me well in this situation and said she has reminded my ex that writing worthless checks in illegal.

Accountable: So, are you saying that the landlords can decide to only go after my ex because of the bounced checks? Like I said they are working with me well, so I think they will go after her for the money if they can. I'm just worried that a judge would decide that I have to pay half cuz I'm on the lease. I'm gonna pay them as much as I can, but I refuse to drop out of school so if the landlords have the option to go after only one of us that'd be great, because I'm confident they'd go after her because of the bounced checks.

 

[Cvillecpm]

Whoever - you or LL has the smaller check needs to call her bank and check funds until it will clear and THEN walk the check to the bank and cash it.

You - with larger check - need to deposit and then re-deposit it if it has not been cycled 2X and then SUE HER IN SMALL CLAIMS

 

[Accountable]

If you are both on the lease, you are both liable for payment. If the checks don't clear, the rent remains unpaid, so you can be evicted and held liable for default damages.

However, whoever is holding the bad check (are they made out to you or directly to the landlord) can turn them over to the appropriate authorities for prosecution. Prosecution of the hot checks and the default on your lease for non-payment are separate issues. If the rent remains unpaid, you are still in default, regardless of your claims against the ex-girlfriend.

 

[TCool]

Both checks were written directly to the landlords. I realize I can still be held responsible, but if the landlords work with me and can go after only her for the money because of the bounced checks I think thats what they will do. I just don't want them to go after her and have a judge say that they also have to make me pay half. But if I understand right, they can go after her and nothing about the rent or lease needs to come up at all because they will be going after her for bad checks and not for unpaid rent.

 

[Accountable]

A judge isn't going to say anything unless somebody brings a suit for damages. If the landlord sues for eviction and unpaid rent, then a judge would probably hold you just as liable for the unpaid rent as your girlfriend. This would be a civil suit probably in a JP court against BOTH tenants on the lease. If the Landlord prosecutes the hot checks, this would be a criminal action against your girlfriend as the one who wrote the bad checks.

 

[Who's Liable?]

What were you contributing to the household, or did she have to pay the utilities and buy the groceries too?

Who cares? That is not the questioin. If you're going to give advice, stick to the questions, not your own personal beliefs.,

Since both your names are on the lease, the landlord may very well go after you unless there's something in the lease in which your girlfriend agreed to pay the rent for both of you.

Good boy... While not entirely accurate, mostly right... The LL may go after both or each one individually, depending on how the lease is worded. The OP on the other hand can sue the ex for 1/2 the rent should he be sued by the LL. He could even sue for the full amount of the rent for the months that the checks were bounced, because the ex AGREED to pay for them. Yes, she agreed, writing a check for the full amount of rent automatically creates liability on her part.