How to hold co-signor responsible

Question

I have a property that was rented to a couple with a co-signor. The couple left but their daughther and son-in-law stayed back and are not paying rent now.

If we file eviction the case would only include the daughter and her husband as all lawyers say we cant include the original tenants as they have left.

What is the point of having a co-signor as now the eviction case wont involve any of the initial 3 lease signors. And eviction case cant even claim the lost rent as all lawyers say we have to file 2 seperate cases. One to evict and other to claim monetarty loss.

Is this how eviction works?

Property in North Hollywood.

Bjorn Ahlblad · Answer

I am not an attorney but if the original lessees are on the lease they too are being evicted whether they are present or not. The co signer is the financial guarantor of the transaction so go after them too.

We denied an applicant recently who had moved out of a housing unit leaving his kids (in their twenties) there. Because he was still on the lease he too was evicted even though he had physically moved out months before. No one had been paying rent for considerable time and therefore the eviction.

We do not accept co signers unless they are really loaded, immediate family, and we have had the opportunity to vet them and explain their financial obligations under the lease. In three cases, that come to mind, co-signers have met their obligations fully; there have been no exceptions.

Dena Puliatti · Answer

Even if the original tenants left, then they are still responsible for the payments. I don't deal in co-signers for this very reason.  If the co-signer is not living there, they don't care about the rent being paid.  I would think you evict the remaining tenants, and file a money suit against the original tenants.  Your first case is for possession, and the second case is for a money judgement.  Of course, winning a judgement and getting paid are two different animals.  Check with another attorney on this one.