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Lease / Small Claims Court / Unkown Tenant ? Arkansas?
I leased a home to roommates for one year,( both names on the lease) they defaulted and I had to move them out.
I am going to take them to small claims court for the balance of the lease due and damages.
During the process of cleaning the home, I learned that another person had their mail forwarded to the new address and all the utilities where in their name aswell.(not in the lessees names) Their name that wasn't on the lease.
The question I have is;
Can I legaly include the person who supplied the utilities in the small claims filling ? They may have been living there without my knowledge as a subtenant.

I have never run into this type of problem before and I am completely stumped.
Any information would be greatly appreciated about how to go about this small cliams filling...

2007-06-28 15:00:41 · 3 answers · asked by GO AHEAD 2 in Politics & Government Law & Ethics

3 answers

Not being from Arkansas but laws are similar, I do not
think that you can sue the person whose name was
on the utilities, you stated yourself that you have no idea
if he (she) were living in the house, they may have just
been helping out a friend.

The only ones you can hold legally responsible are the
persons that are on the lease, you can of course check
with an attorney to verify.

2007-06-28 15:06:38 · answer #1 · answered by justgetitright 7 · 0 1

Without any sure experience, I would say you are going to have trouble going after the 3rd person although having paper evidence that he was there is a powerful tool. If the lease says no subrental, you have a tool against the 2 or 3.

2007-06-28 15:09:57 · answer #2 · answered by Mike1942f 7 · 0 1

I do believe that you have a strong case against all parties. Was there anything in the lease that permitted the subleasing to a third party? In 99 of 100 cases the judge will side with the property owner.

2007-06-28 15:10:43 · answer #3 · answered by Anonymous · 0 1

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