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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37040
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I recently filed on my tenant. Male/Female both

Customer Question

I recently filed for eviction on my tenant. Male/Female both signed the lease. I only dealt with the male and only received payment from him. Only saw her one time and never received any payment from her. She left him right after I gave them a 30 day notice. When I filed for eviction, he was served, but not her. Not sure why. I've been told (by property mgt. company and a lawyer in Memphis) that I can only go after her for possession, which isn't a factor since she left in April. I was told that HE could go after her, but in my case she is considered just an "occupant." He, tenant, says I should be going after her, not him. He says his lawyer told him that I should have her served also. Confused. Can you clear this up for me? Going to court next Wed. Went last week but he asked for continuance.
Thanks, *****
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..This is entirely up to you whether you wanted to file against one or both tenants as they are both "jointly and severally liable" under the lease contract so you could go after them both if you wanted to..But there is nothing that would force you to go after the female if you didn't want to and she is not living there. However, without a formal judgment against her, you wouldn't have legally terminated her tenancy and she could literally move right back in and put you back at square one with then having to evict her from the property..So it is always a good idea to list all tenants in any eviction case, even if some are not there so you can get a judgment against them all...thanksBarrister
Customer: replied 2 years ago.
She is listed on the eviction, but she wasn't served to appear in court. Her name is ***** ***** court document. Do I need to have her served?
Expert:  Barrister replied 2 years ago.
If she wasn't actually served, then the judge can only award you legal possession, but not any back rent or damages against them. In contrast, the male can be evicted and be held solely responsible for any damages or rent..So no, it isn't mandatory for her to be served, but it just limits who you could pursue for damages....thanksBarrister
Customer: replied 2 years ago.
Would it be too late to serve her?
Expert:  Barrister replied 2 years ago.
This depends on the local rules of court with regard to service of process. If they only required 2 or 3 days prior service, then you would have plenty of time to get her served if you wanted to do so. If they required a week, then no..You can contact the local court clerk and just ask them how many days before a hearing someone has to be served.....thanksBarrister