Eviction judgement

Hi,

I'm in New York City and had an holdover stipulation judgement. It includes a monetary judgement which is against 1 out of 2 tenants because the other one didn't show up to court. I have possesion judgement for both, so i want to know if i can still sue the second tenant in small claims to make him also liable for the rents in arear. I also have the statement saying the first tenant has authority to represent the second tenant, would that statement be able to hold the second tenant also liable for monetary judgement?


Thanks in advance,
John

[OHlandlord]

Good question. Why did the one tenant not show up in court? Was he served properly? Or did he just not feel like showing up? In my state, the tenant must be served properly in order to hold them responsible for a judgement, or to take them to court for small claims. Do you know where this other tenant is? If so, you could try small claims court, where he will again be served for the case. If they can serve him then, you should be able to pursue a judgement against him. In my state, if a tenant does not show up for court after he has been properly served, he automatically loses.

As for the statement saying the first tenant represents the second, I don't know if that would hold up if the second was not served. If not served, he would not have an opportunity to present a defense and it would be invalid in my state. Your state law may be different.

The other tenant is the first tenant's son. I got the judgement against the father because he showed up and the son didn't show up because he's in college. Yes they were served properly by Conspicuous Place delivery since they didn't want to answer the door. I know for a face the son lives with his father and the rent check is under the son's name. Would a small claims against the son be thrown out in small claims court since i already have the judgement against the father? If i can sue in small claims should i sue the son only or both? Thanks alot!

[OHlandlord]

If your lease is with both tenants and lists them as *jointly and severally liable*, you should be able to pursue a judgement against the son as well. Jointly and severally means both are responsible for the full obligations under the lease. You already have a judgement on the father, so you shouldn't need another against him. Why wouldn't the court award you a judgement against the son as well if he was served too? Was it because he wasn't personally served and didn't show up, so you couldn't prove he was served? If so, try to get personal service on the son when it comes time. Either do it yourself (if that is allowed in your state) or get a process server to do it. Certified mail would be cheaper (if that method of delivery is allowed by your state) and if you send it "return receipt requested" on the CM, you should be able to prove delivery and receipt by the son (thus eliminating the provision of proof of service).

There was no lease, they were month to month tenants. The court didn't award a judgement against the son because he the 30 day notice and petition wasn't personally served, it was delivery by a friend by slipping under the door and mailing 2 copies by regular and certified mail. The certified mail was returned back to me since they didn't go to the post office to pick it up. Basically we have an stipulation which states they agreed to move out by 12/31 and a money judgement on the father and a possession judgement on the son. So the big question is would i be able to go after his son in small claims to get a judgement so i can hold both of them responsible for that rent they still owe? Thanks again!

[OHlandlord]

"Basically we have an stipulation which states they agreed to move out by 12/31 and a money judgement on the father and a possession judgement on the son."

Was this agreement in writing and signed by the tenant or you? If you have this agreement in writing, you might not be able to pursue a judgement against the son, since it is not part of your agreement. You agreed to get a judgement against the father, not the son. If not in writing, I see no reason why you couldn't also pursue the son.

Yes we had a written agreement signed by myself and the father in front of the judge. The agreement never stated that i cannot also sue the son though, does that make a difference? Or pretty much i'm stuck with a judgement against the father only?

[OHlandlord]

Perhps you should have that agreement looked over by an attorney. You may have given up your right to pursue the son by signing the agreement. Or it may be that it only guaranteed a judgement against the father, and that you would have to further pursue the son. Only an attrney who reads over the wording in the agreement and its intent could tell you this. I hope it works out.