Suing with up to 5 plaintiffs, do all plaintiffs need to appear in court?

[suingll]

What is the name of your state (only U.S. law)? CA

We are suing our landlord because he did not return security deposit or provide an itemized list/receipts within 21 days of move-out. He only provided us with a list and incomplete number of receipts 2 months after move-out, after asking at least twice about our security deposits.

If we sue and only a couple plaintiffs show up (one I know is a 6hr drive away), will that reduce our chances of winning? Also, do all plaintiffs have to speak or can only one (me) represent everyone?

 

[quincy]

The preview feature on this site does not work properly for all people all of the time. When you preview a post and then submit, it deletes the post. You can use the "edit" feature to add your text. Please be sure to include the name of your state. Thanks.

 

[quincy]

What is the name of your state (only U.S. law)? CA

We are suing our landlord because he did not return security deposit or provide an itemized list/receipts within 21 days of move-out. He only provided us with a list and incomplete number of receipts 2 months after move-out, after asking at least twice about our security deposits.

If we sue and only a couple plaintiffs show up (one I know is a 6hr drive away), will that reduce our chances of winning? Also, do all plaintiffs have to speak or can only one (me) represent everyone?

Did you pay one security deposit as a group or did each of you pay a separate security deposit to the landlord? Who will be filing the suit?

 

[suingll]

Did you pay one security deposit as a group or did each of you pay a separate security deposit to the landlord? Who will be filing the suit?

Thanks for the help. We submitted our security deposits separately and I will be filing the suit.

 

[Ohiogal]

Thanks for the help. We submitted our security deposits separately and I will be filing the suit.

You can file suit on behalf of yourself. But you can't file on behalf of ANYONE else. You aren't an attorney and that would be practicing law without a license. Don't do it. Let the others file their own suits.

 

[quincy]

Here is a link to California's landlord/tenant laws, with information for you on security deposit refunds: http://dca.ca.gov/publications/landlordbook/sec-deposit.shtml

It has been my experience that roommates will have one of the tenants do the collecting of each rent-share from the others and then present to the landlord in a single payment the full amount due on the rental. The same is usually done for the security deposit. This is because all of the tenants are held responsible for the total rent due and all will be held responsible for the condition of the apartment once the lease ends.

The one who is the "representative" for the apartment tenants is then able to sue for the return of the full security deposit, because that roommate is the one under whose name all payments have been made.

It becomes more complicated when the landlord has allowed for separate payments, because under most lease agreements each tenant is responsible for the entire rent and entire security deposit. When each roommate submits separately, it makes all roommates vulnerable - should one of them fail to pay on time. In other words, should the landlord sue over late or missing rent from one tenant, or over damage to the unit, he could sue all or any one of the tenants.

At any rate, read over the landlord book to make sure you have followed the procedure necessary prior to filing suit.

 

[Zigner]

It has been my experience that roommates will have one of the tenants do the collecting of each rent-share from the others and then present to the landlord in a single payment the full amount due on the rental. The same is usually done for the security deposit. This is because all of the tenants are held responsible for the total rent due and all will be held responsible for the condition of the apartment once the lease ends.

This case is different, per the OP:

Thanks for the help. We submitted our security deposits separately and I will be filing the suit.

 

[quincy]

This case is different, per the OP:

I know. I find that odd. The landlords I know like a single payment from the single rental unit, not a bunch of them.

 

[suingll]

You can file suit on behalf of yourself. But you can't file on behalf of ANYONE else. You aren't an attorney and that would be practicing law without a license. Don't do it. Let the others file their own suits.

I'm not sure how it works, but I printed out the SC-100 forms which allow me to list all other plaintiffs. Wouldn't it technically be all of us filing the same lawsuit together if I fill out the paperwork for them? That's just what I thought. I'm not submitting separate ones for them.

It has been my experience that roommates will have one of the tenants do the collecting of each rent-share from the others and then present to the landlord in a single payment the full amount due on the rental. The same is usually done for the security deposit. This is because all of the tenants are held responsible for the total rent due and all will be held responsible for the condition of the apartment once the lease ends.

Ok, so this is what the deal is. All 5 of the tenants' names are on the lease agreement equally. Since we haven't built up credit yet, all 5 of us each have 1 cosigner (our parents) on the lease agreement as well. As far as rent payment and security deposits, there is no indication of separate payment responsibilities in the agreement, yet the landlord allowed us to separately deposit rent into his banking account instead of one single payment. Same with the security deposits, we gave him separate checks instead of one single check. So legally, I'm not sure if we are responsible as a whole for all others, or if we can be separately responsible due to our names all equally being under the agreement. Also, there's the matter of the cosigners.

After sending my landlord a request to return the security deposit, he has declined and threatened to sue all the cosigners for cost of damages.

Since my dad is a cosigner, would he be able to be a plaintiff in the court if I sue?

 

[Ohiogal]

I'm not sure how it works, but I printed out the SC-100 forms which allow me to list all other plaintiffs. Wouldn't it technically be all of us filing the same lawsuit together if I fill out the paperwork for them? That's just what I thought. I'm not submitting separate ones for them.

Are YOU an attorney? If not, you cannot fill out or submit anything on behalf of anyone else. Comprehend that. You can sue on your own behalf. But NOT on behalf of others. If you attempt it, you will be breaking the law. They can man up and file for themselves.

Ok, so this is what the deal is. All 5 of the tenants' names are on the lease agreement equally. Since we haven't built up credit yet, all 5 of us each have 1 cosigner (our parents) on the lease agreement as well. As far as rent payment and security deposits, there is no indication of separate payment responsibilities in the agreement, yet the landlord allowed us to separately deposit rent into his banking account instead of one single payment. Same with the security deposits, we gave him separate checks instead of one single check. So legally, I'm not sure if we are responsible as a whole for all others, or if we can be separately responsible due to our names all equally being under the agreement. Also, there's the matter of the cosigners.

After sending my landlord a request to return the security deposit, he has declined and threatened to sue all the cosigners for cost of damages.

Since my dad is a cosigner, would he be able to be a plaintiff in the court if I sue?

Get out your lease. Does it say joint and/or severally liable anywhere? You are in over your head.

 

[Zigner]

For the OP's benefit, here is the code section describing the unlawful practice of law in CA:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=06001-07000&file=6125-6133

 

[suingll]

Under the lease agreement, myself and my roommates are all listed under "Tenant". Almost the entire agreement refers to us as a whole as "Tenant".

"Tenant agrees to pay $____ as a security deposit."
"Any security deposit returned by check shall be made out to all Tenants named on this Agreement, or as subsequently modified."

Ohiogal, if you disagree then it would be helpful to explain why I am wrong in thinking I can jointly sue the landlord with my roommates. You are simply being redundant and not at all contributing to my understanding of the law. Do you expect us to all file separate suits for the one security deposit? It seems to me that jointly filing suit for the same issue that we are all legally bound to would make more sense.

 

[Ohiogal]

Under the lease agreement, myself and my roommates are all listed under "Tenant". Almost the entire agreement refers to us as a whole as "Tenant".

"Tenant agrees to pay $____ as a security deposit."
"Any security deposit returned by check shall be made out to all Tenants named on this Agreement, or as subsequently modified."

Ohiogal, if you disagree then it would be helpful to explain why I am wrong in thinking I can jointly sue the landlord with my roommates. You are simply being redundant and not at all contributing to my understanding of the law. Do you expect us to all file separate suits for the one security deposit? It seems to me that jointly filing suit for the same issue that we are all legally bound to would make more sense.

Each tenant can file PRO SE (for themselves) against the landlord. YOU cannot file on behalf of ALL tenants because you are not an attorney and that would be the uauthorized practice of law. You cannot represent anyone else's interest which is what you would be doing if you filed for them. If you cannot comprehend that, then you are totally in over your head because I can't get any more simplistic in the explanation.

 

[suingll]

Each tenant can file PRO SE (for themselves) against the landlord. YOU cannot file on behalf of ALL tenants because you are not an attorney and that would be the uauthorized practice of law. You cannot represent anyone else's interest which is what you would be doing if you filed for them. If you cannot comprehend that, then you are totally in over your head because I can't get any more simplistic in the explanation.

Ok, so are we each supposed to request 1/5 of our total security deposit when filing the claim?

 

[quincy]

Under the lease agreement, myself and my roommates are all listed under "Tenant". Almost the entire agreement refers to us as a whole as "Tenant".

"Tenant agrees to pay $____ as a security deposit."
"Any security deposit returned by check shall be made out to all Tenants named on this Agreement, or as subsequently modified."

Ohiogal, if you disagree then it would be helpful to explain why I am wrong in thinking I can jointly sue the landlord with my roommates. You are simply being redundant and not at all contributing to my understanding of the law. Do you expect us to all file separate suits for the one security deposit? It seems to me that jointly filing suit for the same issue that we are all legally bound to would make more sense.

IF the landlord had intended to return the security deposit in ONE check made out in either of the following ways - 1. to a single tenant, say, Tenant A; 2. written out listing all 5 tenants and using the word "or," as in Tenant A or tenant B or tenant C or tenant D or tenant E - then under Number 1, Tenant A could sue for the return of the entire security deposit and then split the amount awarded with Tenants B, C, D and E, or, under Number 2, any one of the tenants (A, B, C, D, E) could sue the landlord for the return of the entire security deposit, and then split the amount up after collecting from the landlord.

IF, however, the landlord planned to issue 5 separate checks with each check made out to each of the different 5 tenants, or the single check was to be made out to A and B and C and D and E, then each separate tenant would need to sue the landlord for their share of the security deposit, making 5 separate suits filed by 5 different tenants OR one suit filed on behalf of 5 different plaintiffs represented by one attorney (but attorneys are not allowed to represent parties in many (most?) small claims courts).