Rice Lake, WI asked in Collections and Landlord - Tenant for California

Q: can a lease company come after me only for rent not paid when there was 3 of us on the lease.

We only didn't pay for the last month of rent. I moved out a couple weeks before they did. and moved to another state. They did serve eviction papers, but they did not move out. The other people got served court papers, I did not. I just received a letter from lawyer stating that the court found judgement from me only. I never got served any papers or anything. I was told the others did and answered that they didn't have jobs so they couldn't afford to pay.

also it says on the top of court paper BSR Realty vs Wold, which is the other peoples name, not mine. but, it also says defendant (s) named having been served of summons , having failed to appear and answer within time the default said defendant having been entered upon application of plaintiff for judgement and request that all DOE defendants be dismissed. Judgement is entered that the plaintiff recover from defendants My name only.

1 Lawyer Answer

A: If you vacated the property prior to the eviction and notified the landlord, you should not have been included in the eviction (unlawful detainer) judgement. However, as a co-lessee you are severally and jointly liable for any money judgement for unpaid rent. However, you do have a right to recover against your co-tenants. Not sure why the judgement is in your name only, unless it was sloppy work (common if the landlord did their own eviction) or the other tenants settled with the landlord.

The service issue may provide you the ability to set aside the judgement.

I would speak with an attorney about the details of your case.

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