Submitted by jamestaylor on Fri, 01/16/2009 - 15:03
Posted in
Hello, I have a question. Several years ago I signed a lease on an apartment in Boston with another person. Both of our names were on the lease, and the lease had a "joint and several" liability clause. The lease ran from Aug. 2001 - Aug. 2002.
In short, I ended up paying the rent for both of us, even though we occupied the apartment equally. On account of this person's irresponsibility, I lost about $10,000.
Can I sue the ex-roommate for their share of the rent? At the time I was in school, and after this nightmare, I didn't have the money to hire an attorney.
Editor's Response
Yes, you could have sued the former roommate. The question now is whether the statute of limitations has run. The statute is 6 years on breech of contract claims (or 20 years for a contract written under seal), so it may be too late. Given the amount involved, you should probably consult an attorney, give her all the facts and documentation, and see if the claim is still viable. If, for example, there was a subsequent oral agreement for your roommate to repay the amount in question, that could be relevant to the issue.
Thanks so much for your
Thanks so much for your help.
As far as whether or not the lease is a "contract written under seal", the lease contains the following text:
"In witness hereof, the said parties...have set their hands and seals on the day and year first above written..."
Does this constitute a contract under seal?
Thanks again!!!
Editor's Response
Sounds like it. Again, I would have an MA attorney look at the matter.