Multiple Tenant issue with breaking lease. Sue those who left for breaking lease? : ezLandlordForms

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Roger H

started a topic over 11 years ago

I have a property with 3 adult signers on the lease. They signed the lease together to make payments easier. Two of the signers up and left the property and left the other tenant. They are now behind on payments but the tenant who is still at the property is working to get it right. Could I sue the two tenants that left in small claims court for moneys owed? I am close to evicting the other tenant at the property but feel they could make payments once caught up going forward. How do yall recommend I handle this situation? I have the two tenants new residence address that I can have them served at. Your assistance is greatly appreciated.

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Dawn A

said over 11 years ago

If they are all liable, that means they are jointly liable. If you sue one you sue them all. If the one person can't make it on their own, then you will need to evict the remaining one.

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Roger H

said over 11 years ago

Dawn: Thank you for the response. I figured that this was the case... I would like to hear if anyone else has dealt with this before and how they handle it

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Bob R

said over 11 years ago

Just want to clarify Dawn’s statement “If the one person can't ……” Clarification - You can only evict remaining tenants only if they don’t abide by the contract, at which time you serve them with a Notice to rectify the violation followed by eviction if not rectified…. Consider the following - Your contract should state that EACH tenant is responsible for the total rent regardless the # of tenants actually living in the unit. Contract should also state that it’s the responsibility of the remaining tenants to make arrangements with any tenant leaving regarding sec.dpst refund. Also, it is the responsibility of the remaining tenants to find a new tenant at tenants’ expense and new tenant is required to fill out an application and pay landlord for credit check. Landlord MUST approve new applicant prior to applicant moving in….. Note – you do not return sec.dpst until all tenants on lease move and when tenants collect sec.dpst from new tenant, the $$$ collected remains with tenants. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.