Legal Question in Civil Litigation in Florida
Joinder of Tenant
In a small claims case involving an unreturned security deposit, judge gave 30 days to join a former co-tenant as a plaintiff in the case. Co-tenant resides outside the country and is unable to physically appear in court. Can the former co-tenant release the defendant from any liability related to this matter thereby allowing the current plaintiff to move forward with the trial? What form would this release take? Also, judge indicated that the defendant's attorney would need to accept the submission of an affidavit from the co-tenant which he refused to do. Would a sworn statement suffce?
1 Answer from Attorneys
Re: Joinder of Tenant
Your questions are unclear or somewhat confusing, buy I'll try to navigate through them one by one. Rather than releasing the defendant from liability, the would-be co-plaintiff may assign his or her rights to the claims against the defendant to the current plaintiff, especially if he or she is away and unable to appear in court or participate in the case. Releasing the defendant from liability is not a good idea, unless of course the defendant is willing to pay sufficient money to obtain that release. As to the judge's order, it cannot be ignored by the defendant. You may file a motion concerning the matter with the court. Also, an affidavit is a sworn statement and I do not know what it would suffice for as I do not know the purpose of the sworn statement you are seeking. Good luck with your case and make sure you study the applicable landlord-tenant statutes to learn whether you have a right to recover attorneys' fees and costs against the landlord if you prevail, which, if so, may motivate you to seek professional legal counsel in order to more quickly and effectively bring your case to a favorable conclusion.