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KatHaas7 · Sep 28, 2007, 06:51 AM

Irecently posted this question under "Small Claims" and it remains unanswered. I realized that this is, in fact, not a small claims case. It is one that will go in front of a jury--it is just regarding a small claim--appx. $3000. Maybe someone can shed some light. Thanks in advance!
Hi, I am writing this question on behalf of my nephew. My newphew had been living with his girlfriend in an apartment. He moved out in February. When he movede, he asked the landlord to revise the lease agreement to include only his girlfriends name. The reply he got was "oh, I'll just cross your name off". Until that point in Feb. my newphew had paid most of the rent every month, which I believe was around $800/month. Well, after my nephew moved out, this girl apparently never paid any rent. She know she owes it, and was recently sued by the landlord for the money. He won by default when she never showed, and a judgment against her was entered for $3200 for rent and other bills. About a week after that, my nephew receives notice in the mail that he is being sued. He had his court date today, and brought with him proof that they had won this judgment. I thought the case would be thrown out. It wasn't. The landlord and his lawyer claimed that they tried to get ahold of my nephew to serve him with his former girlfriend, but were unable to. Why, I don't know, as they had his number and never called. Regardless, this is now going to trial and my nephew has to get a lawyer. My question is: how is this legal? Can you sue two people separately for the same money? What if the landlord wins, then he has twice the amount he's owed coming to him? Please explain how this can be. BTW, we live on Long Island in NY. Thanks for your time--I am baffled at how this is happening!

ScottGem · Sep 28, 2007, 06:59 AM

First, it is perfectly legal to sue both parties to an agreement. That does NOT mean they will collect double. As soon as the full amount of the judgement is paid, then it ends.

Now there are a number of things you left out here. You state there was a lease, did your nephew move out prior to the lease's expiration? Does he have any proof of when he moved? Does he have any proof that the landlord agreed to cross him off?

Unless he can prove that the landlord released him from his obligations on the lease, then he owes from the date he moved to the expiration date of the lease. The jury will have to agree to that as a matter of the law.

What I suspect happened was that the landlord when after the girlfriend, found he couldn't collect so the lawyer said, since the other ternant is still on the lease go after him too.

P.S. I moved this to Real Estate Law where it belongs.

Fr_Chuck · Sep 28, 2007, 08:54 AM

Yes of course it is legal, since both owe the money, and as noted they may only collect the full amount once, but may collect from either or both, IF she isnot working and he is, they may get the full amount from him.

As for a jury trial, why, with attorneys it can not be in small claims court but many small claims can take up to 5000 dollars

KatHaas7 · Sep 28, 2007, 09:35 AM

Originally Posted by KatHaas7

Irecently posted this question under "Small Claims" and it remains unanswered. I realized that this is, in fact, not a small claims case. It is one that will go in front of a jury--it is just regarding a small claim--appx. $3000. Maybe someone can shed some light. Thanks in advance!
Hi, I am writing this question on behalf of my nephew. My newphew had been living with his girlfriend in an apartment. He moved out in February. When he movede, he asked the landlord to revise the lease agreement to include only his girlfriends name. The reply he got was "oh, I'll just cross your name off". Until that point in Feb., my newphew had paid most of the rent every month, which I believe was around $800/month. Well, after my nephew moved out, this girl apparently never paid any rent. She know she owes it, and was recently sued by the landlord for the money. He won by default when she never showed, and a judgment against her was entered for $3200 for rent and other bills. About a week after that, my nephew receives notice in the mail that he is being sued. He had his court date today, and brought with him proof that they had won this judgment. I thought the case would be thrown out. It wasn't. The landlord and his lawyer claimed that they tried to get ahold of my nephew to serve him with his former girlfriend, but were unable to. Why, I don't know, as they had his number and never called. Regardless, this is now going to trial and my nephew has to get a lawyer. My question is: how is this legal? Can you sue two people seperately for the same money? What if the landlord wins, then he has twice the amount he's owed coming to him? Please explain how this can be. BTW, we live on Long Island in NY. Thanks for your time--I am baffled at how this is happening!

Thanks for the info. To clarify: I realize that they both can, of course, be sued. My question has to do with whether there can be a judgment amount rendered already against the girlfriend in the amount of appx. $3,000, and then another judgement (if the landlord wins) for the total amount as well, from my nephew. In this scenario, the landlord has twice what he's owed coming to him. If, as you say, the debt is nullified only when the total amount has been paid, how is that done? Let's say the girlfriend pays the total amount, how would the other judgment against me nephew "go away"? Would this require more court time? Seems like another waste of money for taxpayers when someone can sue two people for the same amount... I could see suing for half, or suing the other party when the first has not paid, but in NY you have 30 days to pay off a judgment, and only days had passed when the LL filed against my nephew.
No, no proof that he came off the lease--only an oral agreement which this LL is likely to lie about.
Thanks for the info!

Fr_Chuck · Sep 28, 2007, 09:38 AM

Yes both can get a judgement for the full amount, but they can only legally collect the full amount once, so is she pays the full amount, they can not collect from him, but they can collect from both till the full amount is paid.

After the full amount is paid, assuming each party pays a part, they show documentation to the court that the full amount due has been paid.

ScottGem · Sep 28, 2007, 09:52 AM

No, you are misunderstanding. The judgement amount is for the total debt. Judgements for the total amount can be entered against all debtors. Generally this is done at the same time, but it can be done separately. And there is no requirement that they need to wait until they see if the first defenedent pays the debt or not. That does NOT mean the creditor is getting twice the amount. If the creditor tries to collect more than the total amount owed they will have to refund that overage.

You are looking at this as if the landlord is double dipping and he's not. Hes simply filing suit against all debtors for the amount owed.

Now if your nephew loses (and a good chance he will since he was obligated under the lease). And, if he is forced to pay, he can turn around and sue the girlfriend for what he was forced to pay since it was understood that she was taking over the apartment.