How to recover my loss from cosigner?

7 Replies

I have a rental property with lease expired on June 30th, 2018.  I informed the tenant that I won't renew lease with them more than 30 days left on lease.  Well, the tenant refused to move.  Therefore, I had to file eviction.  There is a good chance that I will win the case.  The real question is how to recover the lost rent during eviction.  The tenant doesn't have much money.  But she has her ex-husband as her cosigner who lives in a different state, makes over 100k a year and owns a house assessed at 350K.  After winning the lawsuit, can I recover my loss of rent from the cosigner? If I can, how to proceed?  Thanks!

Not without a judgment against the ex.

File suit against both, making sure proper service is obtained. Get judgment for possession plus a money judgment. Record judgment wherever necessary.

Contact the co-signer and make him aware of the situation.  He may be able to talk some sense into her as he isn’t going to want to be dragged into the mess.  Ask him to pay you any money due that the tenant has refused to pay.

The tenant requests jury trial.  It seems she is trying to drag this as long as she can.  I am going to lose quite a few months' rent.  I need to figure out a way to go after the cosigner who has the money to pay.

Originally posted by @Ting Liu :

The tenant requests jury trial.  It seems she is trying to drag this as long as she can.  I am going to lose quite a few months' rent.  I need to figure out a way to go after the cosigner who has the money to pay.

This has been covered already.

Hire an attorney, join the ex-spouse as a party to the suit, add claims that will result in a monetary award.