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socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 104
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
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Can a landlord pursue only one leaseholder when there are

Customer Question

Can a landlord pursue only one leaseholder when there are three primary leaseholders?
Submitted: 2 months ago.
Category: Real Estate Law
Customer: replied 2 months ago.
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Expert:  socallegalwork replied 2 months ago.

Hello. I believe I can assist you. The short answer is that tenants named in a lease are jointly and severally liable for the full amount of rent owed.

Unfortunately, unless your lease explicitly sets forth otherwise, your landlord can go after any of the named tenants under the lease for the full amount. Of course, you can pursue an action for reimbursement from the other tenants if you can track them down.

Customer: replied 2 months ago.
my best option is to pay off liable debt and pursue other tenants in small claims court?
Expert:  socallegalwork replied 2 months ago.

Well, I know that doesn't sound like a great option. I think best case scenario is you track down the other tenants (or landlord does) and they pay their share. If you find their contact information I would provide it to the landlord, advise the landlord you can't satisfy the full amount, and tell him if he wants the full debt satisfied he needs to start bugging the others.

But worst case scenario, if you are forced to satisfy the full debt, then, yes, I would seek reimbursement from the other tenants.

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