Suing my Tenant

[fburke]

What is the name of your state? MA

I am taking my tenant to court over a small fire that was their fault. Should I just list the tenant who’s name is on the lease in the lawsuit….or also her boyfriend who is not named on the lease but seems to be the person at fault.

Her lease does state that she is responsible for her guest.

thanks

 

[Zigner]

What is the name of your state? MA

I am taking my tenant to court over a small fire that was their fault. Should I just list the tenant who’s name is on the lease in the lawsuit….or also her boyfriend who is not named on the lease but seems to be the person at fault.

Her lease does state that she is responsible for her guest.

thanks

List 'em both...

 

[Alaska landlord]

Both, less finger pointing.

Besides you want to be able to collect if not from one the other. Also, you may have to evict because of this.

 

[fburke]

Thanks guys I have filed the papers listing both occupants the actual tenant that signed the lease and her boyfriend. I did give her a letter allowing him to move in but I told her I was not changing the lease and that she was still the responsible party for it.


If I win in small claims will the court help set up payment terms?

 

[Cvillecpm]

Hopefully you are suing for your insurance deductible since your insurance policy has a subrogation clause in it and you have given THEM the right to go after the tenant for any cost they can recover since the fire was their fault.

You need the fire marshall's report and evidence that they were at fault.

 

[LindaP777]

If I win in small claims will the court help set up payment terms?

Nope. If you win, you win the judgement, not the money.
If your state allows it, you can return to court for a "judgement debtors exam" aka JDX to see what they own. If you know where they work, once you get the judgement, you could garnish waged through the court (my personal favorite).

 

[fburke]

Because it was such a small amount ($1500) I did not go through my insurance I have a $1000 deductible and I didn’t want to jeopardize my insurance premium going up also dealing with adjusters and other people it would have taken 2 weeks what I did in 2 days. So I just paid out of pocket.

 

[reggiebob]

What started the fire was it started with intent or negligence. Arson laws may apply?

 

[fburke]

items left on the stove during a self cleaning cycle a wooden knife block and a candel.

tennents then left the apartment witht he stove on and had removed batiries from smoke/co2 detectors due to the new stove breaking in and causing some smoke which is normal...

 

[reggiebob]

I believe the advice above is correct small claims get judgment then get restitution.