Can I sue one (of three) tenants, if they move out, but the others stay?

[titansfan1234]

In Tennessee, I rented to a man, woman and 20 yr old son (the son of the man). All three signed the lease. Last week, the son got mad at the woman and moved out. The man and woman need the son's income to help pay rent. With his 1/3rd, they could stay, and I would like them to stay. Since he signed the lease, would I have a case to sue the son for 1/3 of the remaining months left on the contract? If won, I would begin wage garnishment. If I can't do that, what's my best option? Any assistance is appreciated!

 

[army judge]

You can sue anyone you wish.

But, if the son has left the premises, you'll have to sue for his value remaining on the rent.

That doesn't mean he's going to get socked, assuming you prevail, with the rest of the lease.

As a landlord, you have a duty to mitigate your damages, meaning you must aggressively prove what you're doing to secure a replacement tenant.

But, it's likely that mom and dad don't want some stranger moved in on them.

Are you starting to see why smart landlords DON'T do this?

Do you want to take some dude to court each month, and try to get someone to move in with mom and dad

In the future, rent only to tenants that can tote the note.

In this case, read your lease. What I told you is GENERALLY speaking.

If I were you, and I liked mom and dad, I'd offer to split the difference with them. I know we're only talking $200-300 here, if that, right?

So, it's mitigate your damages by getting a new tenant, sue Junior every remaining month, be prepared to prove what you're doing to find a replacement tenant, and IF you prevail, try to get the judgment enforced. In TN, that ain't so easy.


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