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Q: I represent a landlord using VAR’s Form 200 Residential Lease agreement. There are two tenants on the lease, and one of the tenants recently passed away. Is the lease still in effect, and is the remaining tenant obligated to pay the full rent amount? 

A: Paragraph 6c. to VAR’s Residential Lease agreement states, “If at any time more than one person is named as a Tenant on this Lease, the obligations of each Tenant shall be joint and several.” Joint and several means that when a legal obligation is undertaken by two or more people, each individual is liable for the whole obligation. Therefore, if one tenant dies, the lease remains in effect and the surviving tenant is responsible for paying the entire rent due pursuant to the lease agreement.  

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