24 Feb 2008 08:36:29 | Mark Walters
When you see the phrase "joint and several" in a legal document
or contract it means that that the parties on one side of the
agreement are responsible individually and collectively for the
terms of the agreement.
Example: In the case of two tenants signing a lease agreement,
"joint" means they are jointly responsible for the rent.
"Several" means that their joint relationship is severed and
they are individually responsible for the total amount of the
rent.
If one does not pay his/her share of the rent the other is
responsible for the entire amount.
Here's an example of a landlord who had a "joint and several"
lease with the added provision that tenants must pay rent with a
check, money order or cashier's check in the full amount every
month.
Landlord allowed the two roommates to pay half the rent each
month with two separate checks. Bad policy.
It not only creates accounting problems... but if one tenant
pays on time and the other is late how do you handle the late
penalty? And...
If you accept payment from one tenant and the other tenant fails
to pay have you risked having accepted a partial rent payment
and then not be able to evict?
Here's the good news. If you have in your lease a "non-waiver"
provision it indicates that even if you allowed lease violations
in the past you can at any time demand that tenants comply with
the terms of the lease.
If the tenants continue to pay with two separate checks you can
return the checks and give "notice for failure to pay rent".
If they then fail to provide you with a single check for the
full amount of the rent you can file a forcible detainer action
(eviction).
What if tenant #1 pleads that tenant #2 has moved from the
property and tenant #1 should only be required to pay their own
half of the rent?
Show them "joint and several" in your lease agreement and
explain that tenant #1 is now responsible for the entire amount
of rent.
Explain that tenant #1 must pay the full amount and then can
seek recovery of one half from tenant #2 in small claims court.
If you rent property to more than one tenant be sure your lease
has "joint and several" and "non-waiver" clauses.
Carefully explain each to every new tenant.
About Author :
Mark Walters is a real estate investor and author. His published
works can be found at http://www.CashFlowInstitute.com 
