Can a tenant sue the cosigner?

[Lee19]

What is the name of your state (only U.S. law)? Ohio
My roommate and I failed to give 60 days notice to vacate. I paid half of the balance and she never paid her half. She also did not pay her last months rent. I paid the other half(full balance) a long while after because it was going to go to collections and my roommate and the cosigner were extremely negligent. This other roommate's Mother is the cosigner. Am I able to sue the cosigner in small claims and would I be able to sue the cosigner on the same case with her daughter, my roommate, or would it have to be a separate case? The lease was a joint and several basis lease. I want to sue the cosigner because it would be easier to get the money. If it were separate it is the better option I would think.

 

[Zigner]

What is the name of your state (only U.S. law)? Ohio
My roommate and I failed to give 60 days notice to vacate. I paid half of the balance and she never paid her half. She also did not pay her last months rent. I paid the other half(full balance) a long while after because it was going to go to collections and my roommate and the cosigner were extremely negligent. This other roommate's Mother is the cosigner. Am I able to sue the cosigner in small claims and would I be able to sue the cosigner on the same case with her daughter, my roommate, or would it have to be a separate case? The lease was a joint and several basis lease. I want to sue the cosigner because it would be easier to get the money. If it were separate it is the better option I would think.

You don't have a contract with the cosigner...

 

[Banned_Princess]

She does have a contract with the co-signer the same way she has a contract with the roommate. The roommate was supposed to pay her half, and the co-signer agree;d to pay in the event the signer did not.

The roommate did not, and O had to pay it all herself.

I say yes. name the mother in the suit too.

 

[Cvillecpm]

I say YES....serve them both and let the judge decide...subpeona co-signor agreement from mgmt if you don't have a copy

 

[Zigner]

She does have a contract with the co-signer the same way she has a contract with the roommate. The roommate was supposed to pay her half, and the co-signer agree;d to pay in the event the signer did not.

The roommate did not, and O had to pay it all herself.

I say yes. name the mother in the suit too.

Sure name her. But it won't help anything. The CONTRACT is not between the co-signer and the other signers.

 

[Alaska landlord]

Mom is liable as a guarantor for the lessee/daughter.

 

[Cvillecpm]

I disagree....the tenants and co-signors are jointly and severally responsible so co-signor(s) is/are responsible for payment and reimbursement...

 

[Banned_Princess]

I disagree....the tenants and co-signors are jointly and severally responsible so co-signor(s) is/are responsible for payment and reimbursement...

Who are you disagreeing with? We all mostly agree OP should name both signer and cosigner for reimbursement of monies paid by OP on behalf of roommate/signer, who did not pay her portion of the rent that she agreed to pay and the mother cosigned, that if roommate/signer couldn't pay, she would.

And she/roommate didn't, so she/ mother should be held responsible, as she signed that she would.

And thats the answer.

 

[Lee19]

These were the same problems I was having deciding what to do. You all make valid arguments. I will look into this further.

 

[Cvillecpm]

My point is to sue the co-tenant AND co-signor BOTH - NOT JUST THE CO-SIGNOR....let the judge sort it out.

 

[Alaska landlord]

These were the same problems I was having deciding what to do. You all make valid arguments. I will look into this further.

Yes, sue both. You kill two birds with one stone. Landlords perusing the county sites will be able to pull up both names and deny rentals on basis of poor rental history. If mom owns property, you can put a lien on it.

 

[Banned_Princess]

Yes. I third that for a third time.

Sue them both. The judge will sort it out.

 

[JakeB]

Unless the lease is unusual, I'd be surprised if the judge wouldn't dismiss the mother from the suit. The mother guaranteed payment to the landlord, not to the OP. Plus, in all likelihood, the mother acted as cosigner to both tenants. If so, then a lawsuit against the mother would be as strange as if the ex-roommate herself sued the mother. A primary debtor can't seek reimbursement from a cosigner.