When you see the phrase “sets and miscellaneous” in a
legal document or contract means that the parties
on one side of the agreement they are individually responsible
and collectively by the terms of the agreement.
Example: in the case of two tenants who sign a lease,
“joint” means that they are jointly and severally liable for the rent.
“Several” means that their joint relationship is broken.
In a contract it indicates that they have agreed that they are also
Individually responsible for the rental. If one does not pay
your part of the rent the other is responsible for the
Here is an example of an owner who had a “set and many”
lease with the additional provision that tenants must pay rent with
a check, money order, or cashier’s check in its entirety
amount each month.
The landlord allowed the two roommates to pay half the rent each month.
with two separate checks. Bad policy.
Not only does it create accounting problems … but if one
the tenant pays on time and the other is late, how do you
handle late grief? AND …
If you accept payment from one tenant and the other
the tenant does not pay, have you risked having accepted a
partial payment of rent and then not being able to vacate?
This is the good news. If you have a
“no waiver” provision indicates that even if
you allowed lease violations in the past, you can at
at any time require tenants to abide by the terms
of the lease.
If tenants continue to pay with two separate checks
can return the checks and give “notice of default
to pay the rent. “
If they don’t provide you with a single check later
for the full amount of the rent, you can submit a
retention action (eviction).
What if tenant no. 1 declares that tenant no. 2 has moved out of the property and that tenant no. 1 should only be required to
pay your own half of the rent?
Show them “joint and several” in your lease
and explain that tenant n. 1 is now responsible for the
total amount of rent.
Explain that tenant no. 1 can seek the recovery of the other.
half of tenant # 2 in small claims court.
If you are renting a property to more than one tenant, make sure
your lease has “joint and several” and “no waiver”
Carefully explain each one to each new tenant.