Landlord Question and Answer Forum

A while back we evicted and got a judgment against tenants who broke the lease. At the time, being new landlords, we did not do a background check on either tenant...if we had, we would've learned that the SS# and name that one of the tenants put down was bogus. But, it turns out the other tenant did put down all valid information. Since we have the judgment, can we go after only 1 of the 2 tenants for the $$ that is owed? Or, do we have to go after both of them? I am having to file a foreign judgment in another state since one of them has moved out of state, and don't want to spend the $$ if I am nto going to have a shot at recouping what is owed to us.

I would try to go after the one that you can find. This would be easier if you used a clause known as joint and several liability which basically means that all tenants are responsible in part and whole for the enitre lease. The IRS uses this mentality when collecting as well; they go aftere whom they can find.

Posted by Denise S, PA on Saturday, March 6, 2010