QUESTION
Can a landlord only sue one tenant for charges above security deposit when there were four on the lease?
Asked on Nov 30th, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
My husband has just been served by our landlord for charges exceeding our security deposit. Besides myself there were two other tenants, will they be responsible as well?
5 ANSWERS
They may be responsible, but if they weren't sued by the landlord, your husband may have to file pleadings to have the other tenants joined to the action, at least with regard to any monetary damages. Good luck.
Answered on Dec 20th, 2012 at 6:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not understand the question well enough to provide specific advice, but generally when there are more than one liable the creditor only need sue any one of the co-debtors. You can bring the others into the lawsuit, or seek contribution if you are found liable. The landlord can collect the entire amount due from any of the co-debtors.
Answered on Dec 03rd, 2012 at 4:01 AM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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The landlord can elect to sue one or all who signed the lease.
Answered on Nov 30th, 2012 at 6:18 PM
Multiple tenants can be deemed jointly and severally liable for the extra charges. Your husband will want to include the other former tenants in the suit. You should consult a real estate attorney about joining them.
Answered on Nov 30th, 2012 at 6:09 PM
Kevin Elliott Parks
They may be equally responsible, but they're not going to be held legally responsible unless they're also sued either by the landlord or otherwise brought into the suit by your husband, the named defendant.
Answered on Nov 30th, 2012 at 5:49 PM