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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32327
Experience:  Began practicing law in 1992
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I FILED A CASE AGAINST A TENANT THAT REFUSES TO PAY RENT. I

Customer Question

I FILED A CASE AGAINST A TENANT THAT REFUSES TO PAY RENT. I ONLY CHECKED THE BOX TO SERVE THE TENANTS ON THE LEASE. THE TENANT HAS A GROWN DAUGHTER THAT REFUSES TO MOVE BECAUSE ALTHOUGH SHE WAS NOT ON THE LEASE SHE WAS AN OCCUPANT AND SHOULD BE SERVED. WHAT DO I HAVE TO DO
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Have you been to court against the parents yet?

Customer: replied 2 months ago.
NO
Customer: replied 2 months ago.
I JUST FILED MY CLAIM FRIDAY.
Customer: replied 2 months ago.
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Expert:  Dwayne B. replied 2 months ago.

That makes it slightly easier then. You're learning an important lesson in that forms aren't always a good idea. The court systems do the participants a disservice by providing forms without explaining what the law is behind them, what each section is for, etc.

However, in your case since the daughter is an occupant she would have to be added to the lawsuit and then served as well. You can do this by taking the petition you originally used, labelling it First Amended and then adding the daughter's information in and explaining that the documents is being amended because you have been informed that the daughter is living there and this is a necessary party. Then you go through the same process as far as filing and service. I assume that the other people you sued haven't file an answer yet so just have everyone re-served and then file the return with the clerk of court.

That takes care of all of your issues.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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