small claims after eviction

[Jeeplady66]

What is the name of your state (only U.S. law)? MN

I have an eviction suit against my month to month tenants who were boyfriend/girlfriend. They have until the 16th of March to vacate. They owe for 2 months rent and I know there are some damages in excess of the security deposit, but not sure how much yet. I will be taking them to small claims for the rent/damages but should I file against each person for the full amount or split it in half and sue each of them for half? He is the more 'garnishable' of the two, but her arguement was that he was supposed to be paying the rent and she was 'unaware' that he wasn't paying it. Thanks!

 

[aabbcc]

If both parties signed the lease, name both parties on the lawsuit. Real simple.

I would improve your tenant screening skills so you are not in the same position next month.

 

[Alaska landlord]

Never let a tenant fall behind in the rent. Start eviction procedure as soon as legally possible. To build your confidence and gain some insight, visit tenant landlord courts and enjoy the show.

 

[Jeeplady66]

Thanks you for the replies. They were late on rent in Feb, so I went thru all the steps asap, had court date on March 6th, the judge gave them to the 16th to leave, so this is all timely. He originally signed the lease, she moved in a couple months later but didnt sign a lease. After the first year they were month to month. They were good tenants for 16 months, then just stopped paying, no call, no rent!

Maybe this is more of a small claims question...should I post over there? I was assuming I need to file two small claims suits, one against each tenant, but should I assume they are equally responsible for the rent/damages and split the amount or file for the full amount against each and let the judge sort it out? Or, can I file one suit against both for the full amount and let the judge decide who owes what?

 

[Zigner]

Thanks you for the replies. They were late on rent in Feb, so I went thru all the steps asap, had court date on March 6th, the judge gave them to the 16th to leave, so this is all timely. He originally signed the lease, she moved in a couple months later but didnt sign a lease. After the first year they were month to month. They were good tenants for 16 months, then just stopped paying, no call, no rent!

Maybe this is more of a small claims question...should I post over there? I was assuming I need to file two small claims suits, one against each tenant, but should I assume they are equally responsible for the rent/damages and split the amount or file for the full amount against each and let the judge sort it out? Or, can I file one suit against both for the full amount and let the judge decide who owes what?

Name them both and collect from both...up to, but not exceeding the full amount of the judgment...

 

[Cvillecpm]

File against them both in one suit and have them served NOW while you know where they are (unfortunately, in still in your property). If you wait, you will have a more difficult time finding/serving them