Legal Question in Landlord & Tenant Law in California
Rent Culpability
I had renters (a boyfriend and girlfriend) who failed to pay rent and subsequently got evicted. As it turns out the males� portion of the couple forged his father's cosigner name on the contract. After speaking with the father he left a voicemail message saying that he would sell his sons car to pay off the debt. It has been months since he said this. The dilemma is that we want to sue the boyfriend counterpart but not the girlfriend. Can we sue just one party even though they both signed the rental agreement? Would it be less likely to be successful suing only the boyfriend?
3 Answers from Attorneys
Re: Rent Culpability
Yes! I have to be abrupt (computer keeps crashing),,,....hope to have it back by mid-week. Call me if you need more quickly.
Probably quicker to go to local police, and swear out forgery warrant. (Daddy probably doesn't want "sonny boy" to have a felony record). Always go after the most likely to have assets. If they won't file charges, then file in Small Claims court (best to sue son, but if you have father's address, he should be notified). In situations such as this, frequently a strong letter from an attorney brings quick results.
Good luck!
Re: Rent Culpability
Mr. Bennett is correct. Assuming you are out several hundreds of dollars, you can also sue the father in the same Small Claims Court matter [Nolo Press has 1-2 books on suing in Small Claims Court]. You may have been mislead about the signature being false; by agreeing to pay [although how is he going to legally sell car if it is not his]you have an oral agreement with the father [he will argue agreement is not to pay with his own money but son's so he is not bound to pay his own money to you]. Suing him might force him to finally act.
You can always sue fewer than all possible defendants; they have to cross-complain against the others and bring them into the case. Responsibility to pay is "joint and several liability". Each person is fully responsible for the entire debt and you can decide what percentage of the damages yo want to collect, up to 100% from which defendant. So you do not have to sue the girlfriend. Beware that in court the boyfriend will start complaining how bad the place was and that you did not do the requested repairs so the rent was excessive. Bring before and after pictures if you have them.
Re: Rent Culpability
You can sue only one party if you wish. Please contact us if you have any other questions.
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