Landlord question

[bassmechanic27]

I am in WA state. My wife and I own a rental property and are suing a previous tenant in small claims court for past due rent. My question is, do both my wife and I need to go to small claims court, or can I represent our interests alone? We are both on the lease as landlords. However, she had no dealings with the business end of the rental, I did everything.

 

[adjusterjack]

Just list yourself at plaintiff.

That's how I did it when I was married and had to sue tenants.

Properties were jointly owned and I'm also in a community property state and it didn't matter.

I do recall just having my name on my leases but I don't think that's going to be an issue either.

There's a good chance that your former tenants won't even show up and you'll get a default judgment. There's also a good chance that you'll never be able to collect on it. Deadbeats who don't pay rent also don't pay judgments. It's that kind of stuff that got me out of the landlord business.

 

[quincy]

I am in WA state. My wife and I own a rental property and are suing a previous tenant in small claims court for past due rent. My question is, do both my wife and I need to go to small claims court, or can I represent our interests alone? We are both on the lease as landlords. However, she had no dealings with the business end of the rental, I did everything.

Do you expect your tenant to file a counterclaim?

 

[Litigator22]

I am in WA state. My wife and I own a rental property and are suing a previous tenant in small claims court for past due rent. My question is, do both my wife and I need to go to small claims court, or can I represent our interests alone? We are both on the lease as landlords. However, she had no dealings with the business end of the rental, I did everything.

Revised Code of Washington (RCW) 4.08.030

"Either spouse or either domestic partner may sue for community—Necessary parties.
Either spouse or either domestic partner may sue on behalf of the community: PROVIDED, That
(1) When the action is for personal injuries, the spouse or the domestic partner having sustained personal injuries is a necessary party;
(2) When the action is for compensation for services rendered, the spouse or the domestic partner having rendered the services is a necessary party."