When you see
phrase "joint and several" in a legal document or contract it means that that
parties on one side of
agreement are responsible individually and collectively for
terms of
agreement.Example: In
case of two tenants signing a lease agreement, "joint" means they are jointly responsible for
rent.
"Several" means that their joint relationship is severed and they are individually responsible for
total amount of
rent.
If one does not pay his/her share of
rent
other is responsible for
entire amount.
Here's an example of a landlord who had a "joint and several" lease with
added provision that tenants must pay rent with a check, money order or cashier's check in
full amount every month.
Landlord allowed
two roommates to pay half
rent each month with two separate checks. Bad policy.
It not only creates accounting problems... but if one tenant pays on time and
other is late how do you handle
late penalty? And...
If you accept payment from one tenant and
other tenant fails to pay have you risked having accepted a partial rent payment and then not be able to evict?