The five tenants of Bisque Terrace Apartments planning to sue their landlord will have to let the courts decide because of a clause in the lease holding all roommates responsible for the rent.

Junior Amy Engels was called to active duty in the first few weeks of this semester. Her five roommates were asked to pay her portion of the rent since she left, totalling $287.

A roommate of Engels, Michelle Kubica, said Engels sent documentation to their landlord proving she was called to active duty.

Under the Soldiers’ and Sailors’ Relief Act, a federal law, Engels is not responsible to pay for her rent.

Landlord John Kuney said Engels’ mother sent him papers when she was called, but did not send further instructions on how to act or where he should go to get paid.

The tenants have paid for Engels’ rent for the past few months because they did not want to be charged for late fees, Kubica said.

Kuney said the tenants have one more payment to make.

They are all liable for the rent, Kuney said.

“These six individuals rented an apartment from me jointly and severally liable,” he said.

“Joint and several liability means that each individual is responsible for the entire performance,” said Jim Stoddard, attorney for Kuney.

“They didn’t all get called to service,” Kuney added.

“One of the last things I explain to all my tenants is what their contract means, not only in writing but in person,” Kuney said.

When the lease is signed, it is like saying “we all agree” to be responsible for “this contract,” he said.

“If somebody is going to sue, the court will decide it,” Stoddard said.