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Landlord kept entire security deposit because other roommates didn't pay last 2 month

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GGarces1992

Junior Member
What is the name of your state (only U.S. law)? New Jersey

5 people (including myself) signed a year lease to rent an apartment in a college town. Two of my roommates decided not to pay the last 2 months of rent. They were bitter at the landlord for not resigning them for another year. Also a 3rd roommate decided to not pay the last month (but he claims he made arrangements with the landlord to have the last month removed from the security deposit). Myself and the last roommate paid each month.

Two weeks before the lease ends, the landlord gets an attorney to sue my 2 roommates that didn't pay the last two months. However, we all signed the lease collectively, so we all receive eviction notices from the attorney. I did not worry at the time because I paid every month. My two other roommates, who didn't pay the last two months, did nothing. A couple weeks later, I have found out that the landlord will not be returning any of our security deposit. Apparently, to cover the 4 months of rent that was not collected (plus the 3rd roommate's rent whom "made an arrangement"), the late fees (which included that 3rd person's "arrangement"), and court fees, and misc was deducted from the security deposit. So basically, myself and the last roommate got nothing, because these other guys did not pay. What should I do?

I spoke to the landlord's attorney, and he said I can't get anything from the landlord at this point. He said I should go after my roommates. I tried nicely speaking to my ex-roommates and they say I should go after the landlord. What I should I do before I take any legal action. The security deposit was a month and a half.

Also, on the list of expenses that was deducted from the security deposit, one of the huge fees was "Legal fees due in connection with the eviction filing".
Was that simply the eviction notice? Because we were not evicted, the lease simply ended.
 


Zigner

Senior Member, Non-Attorney
It sounds to me like you were jointly and severally liable for the lease. Although it isn't generally wise to take advice from the other party's attorney, I happen to agree with him on this one.
 

Gail in Georgia

Senior Member
Most leases have a clause which makes all tenants "jointly and severally" responsible for the rent. That means if one fails to pay the rent, any/all of the others remain responsible for the entire rent. In the end the security deposit can be used for owed rent. Sounds like that is what happened.

You go after the tenants who did not pay their share and sue them for the amount of your security deposit kept for this rent.

And yes, included in the amount kept from your security deposit were the legal fees for the eviction filing. Even filing involves court (and in this case, attorney) costs.

Gail
 

Stephen1

Member
Most leases have a clause which makes all tenants "jointly and severally" responsible for the rent. That means if one fails to pay the rent, any/all of the others remain responsible for the entire rent. In the end the security deposit can be used for owed rent. Sounds like that is what happened.

You go after the tenants who did not pay their share and sue them for the amount of your security deposit kept for this rent.

And yes, included in the amount kept from your security deposit were the legal fees for the eviction filing. Even filing involves court (and in this case, attorney) costs.

Gail
The landlord didn't rent you 1/5th of a house/apt but the entire place. The landlord is entitled to 100% of the rent from the tenants not some portion from each. Overall the landlord doesn't usually care whether one tenant pays 100% or the tenants pro-rate the rent among themselves based upon whatever agreement the tenants have with each other. Personally I prefer to receive one check each month. I stay out of how it is apportioned among the tenants.
 

latigo

Senior Member
Most leases have a clause which makes all tenants "jointly and severally" responsible for the rent. That means if one fails to pay the rent, any/all of the others remain responsible for the entire rent. In the end the security deposit can be used for owed rent. Sounds like that is what happened.

You go after the tenants who did not pay their share and sue them for the amount of your security deposit kept for this rent.

And yes, included in the amount kept from your security deposit were the legal fees for the eviction filing. Even filing involves court (and in this case, attorney) costs.

Gail
Most leases have a clause which makes all tenants "jointly and severally" responsible for the rent. That means if one fails to pay the rent, any/all of the others remain responsible for the entire rent.
Unless the lease expressly apportions rent among the several tenants, such language would be superfluous.

And yes, included in the amount kept from your security deposit were the legal fees for the eviction filing. Even filing involves court (and in this case, attorney) costs.
NOT UNLESS "in accordance with the terms of a contract, lease or agreement"! (Section 46:8-21.1 New Jersey Security Deposit Act.)
 

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