Legal Question in Landlord & Tenant Law in California

I am a landlord who rented an apartment to two tenants and both were on the lease. Unhappy with there deposit refund after vacating one of the tenants decides to sue in small claims court. Can one sue the landlord if both are on the lease? If so doesn't the tenant have to secure a signed and notarized proxy from the other tenant on the lease in order to purse a joint lease.?


Asked on 9/01/15, 9:16 am

1 Answer from Attorneys

You are mistaken. Any party to a contract can sue to enforce it. For all you know, the one suing put up the deposit, or they have an agreement that one will sue and share the proceeds with the other. A defendant has no right to police the arrangements between two potential plaintiffs, as long as one of them is a party to the contract being sued on.

Read more
Answered on 9/01/15, 9:54 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California