Breaking lease

[coastal71]

What is the name of your state (only U.S. law)? Oh

back in 3/2011 I had to leave my apt - things with my partner wasn't good and I had many health problems and needed to leave. I turned in my keys along with notice. My partner was suppose to stay at apt till leave was up until 11/2011. She backed out. I got a letter from the property management's lawyer say I owed x amount of dollars and only had my name on letter. I questioned that as both names were on the lease they were unable to find my partner which is a crock because it's her family that runs the rental ofc at the apt we stayed. fast forward I have social security disability and I have a part time job in which i work 12hrs a wk. I know the SSD can't be touched and I am not sure if my p/t income could be garnished. I read somewhere and can't find if your income is low they can't garnish if it's under like 900$ a month. I make 1/2 that a month - would i be considered "judgement proof?

thx coastal

 

[sandyclaus]

What is the name of your state (only U.S. law)? Oh

back in 3/2011 I had to leave my apt - things with my partner wasn't good and I had many health problems and needed to leave. I turned in my keys along with notice. My partner was suppose to stay at apt till leave was up until 11/2011. She backed out. I got a letter from the property management's lawyer say I owed x amount of dollars and only had my name on letter. I questioned that as both names were on the lease they were unable to find my partner which is a crock because it's her family that runs the rental ofc at the apt we stayed. fast forward I have social security disability and I have a part time job in which i work 12hrs a wk. I know the SSD can't be touched and I am not sure if my p/t income could be garnished. I read somewhere and can't find if your income is low they can't garnish if it's under like 900$ a month. I make 1/2 that a month - would i be considered "judgement proof?

thx coastal

If both you and your partner were listed as co-tenants on the lease, then the LL/prop management can go after either or both of you for the unpaid rent balance that you both left unpaid. It is their choice.

There's no way to tell if you would be considered "judgment proof", but I certainly wouldn't count on that. In order to get a judgment, they would need to sue you. If they do get a judgment against you, then that judgement generally stays on the books for at least 10 years, plus another 10 if your state allows for a renewal of judgment at the end of the first 10-year period.

While you may not be able to pay it all now, they most certainly can garnish that part time income you have, and that 20-year window is an awful long time for them to follow you around and try to collect the balance of the judgment. Chances are, your financial situation might improve over that time, and they can pursue collection efforts when they see there is more to go after. Of course, the longer it takes to pay off the judgment, the more you end up paying (most courts allow reasonable interest to accrue on the unpaid judgment balance).

The best way to make sure that your partner gets a part of the action is to pay off the debt in full, then sue the partner for her share of the debt.