February 2, 2025 at 2:55 am

A Tenant Keeps Refusing To Pay, So He Took Her And Her Co-Signer To Court And Came Prepared With All The Evidence He Needed

by Michael Levanduski

Source: Shutterstock

While landlords often get a bad name for themselves, there are plenty of times when it is the tenant that is causing the problem.

What would you do if you had a tenant who was behind on rent and actively avoiding you, while their co-signer said it is not their problem?

That is the situation the landlord in this story found himself in, so he took them to court.

So, we went to court…

Let me start with a little information about small claims, at least in my state.

You can file small claims for up to $5000 for pretty much any reason.

You just have to have a reason. My reason was that a tenant I evicted (Lisa) refused to pay her rent, and her co-signer (Tina) was also avoiding any responsibility.

You file the small claims, they get sent a notice, served by the county’s finest.

They sign that they received it.

You get a notice that they signed, by email, and then you file your evidence.

Court sets a date for the notice of small claims, usually about seven days out.

Just so happens to land on the same day I have my evidence hearing with Lisa.

Courts can be very complicated.

Evidence hearings take place at least twenty days out from the original notice of small claims hearing.

I have to file the evidence before the hearing, and the defendant can come and refute it at the evidence hearing with their own evidence.

So, that’s where I find myself.

Lisa’s evidence hearing for her small claims, and Tina’s notice of small claims.

Technically, I only have to be there for the notice of small claims.

Lisa had to come to the evidence hearing if she wanted to refute.

Tina, however, didn’t have to come at all.

I get there, and it’s just me and the judge.

It’s the Awesome Judge this time.

Sweet.

This is going to go smooth like silk.

Anyway, no one else is there.

He calls for defendants, and no one answers.

We go in and take care of the first small claims I had (another guy, different matter, small claims granted).

A few minutes into this matter, Lisa and Tina show up.

So then we get to Lisa and Tina.

Lisa’s evidence hearing is a slam dunk.

She has no receipts, because she didn’t pay anything, and we keep pretty solid books.

There’s nothing she can do but admit she owes it and, abraca-dabra, she’s got a rather large claim placed against her.

So now it’s Tina’s turn.

She’s been waiting patiently, though red-faced through this whole ordeal, and now the judge addresses me in regards to her.

He asks me if this is Lisa’s mother, and if she was the co-signer on the apartment, and I answered yes to both questions.

I then verified the amount on the small claims, which was the same as on Lisa’s.

This next bit is paraphrased slightly, but it is generally the conversation that happened.

Tina: “Why am I getting charged the same amount? Shouldn’t it be–”

Awesome Judge: “Ma’am, this court allows for one person to speak at one time. When I am talking, you don’t talk. When he is talking, you don’t talk. When I am looking at you and tell you you can speak, you can speak, alright?”

To me: “Why are you charging the co-signer the same amount?”

Me: “It says it will happen right here in the co-signer form she signed when her daughter moved in.”

Awesome Judge: “Let me see the co-signer form.”

See, one part I didn’t say earlier, because I wasn’t sure if I was going to get Awesome Judge this time, as I got jerk Judge last time, is that he is the one that basically directed me on how to do things when I originally messed things up the very first time.

He was patient, answered many of my questions, and even warned me about other judges.

I asked him about certain things that I considered loopholes to make sure I closed them as much as possible, and one of those was the co-signer form.

How do I file against a co-signer?

He pointed me in the general right direction, and it took a while, but I realize the co-signer form had language in it that was just right to take the co-signer to small claims for the same, full, amount.

This was confirmed by a retired lawyer friend-of-the-family.

I hand him the co-signer form, hoping that he remembered what he told me, and would follow it.

Awesome Judge: “Ma’am, this is your signature?”

Tina: Silently, nodding, then, when told by the judge she has to answer verbally, “Yes.”

Awesome Judge: “By this contract you signed, you are able to be taken to court for the same amount as your co-signee. I am going to–“

Good thing she learned to stay quiet.

Tina tries to interject something, but Lisa actually told her to be quiet and the judge gave her a not very happy look.

Awesome Judge: “Mr. [my name], I am going to enter the claim for $4465.00 against Ms. Tina. Is there anything else you want to add?”

Me: “Yes, your honor. We’ve contacted Tina several times regarding her daughter’s account, and we were always told she wasn’t responsible and to do whatever we wanted to.”

Awesome Judge: “Is this documented?”

Me: “Yes, your honor.”

Awesome Judge: “Tina, you may now speak. Do you have anything to say at this point?”

Tina is silent for what seems like two minutes, but is probably just maybe ten seconds.

Finally, she asks, her voice a little shaky, “What happens now?”

The judge explains that she has twenty days to refute the evidence and statements, but she will need to provide receipts, bank records, or some other physical evidence that shows that my evidence is wrong.

Since there isn’t any, I know there’s nothing she can do.

Her face is going more and more pale.

The judge decides this is over, tells us we will have the full evidence hearing after twenty days, and to check our mail and email.

I’m gathering all my stuff up, since I had brought everything.

I’m not trying to stay, and neither is the judge, but he’s having to enter something onto his bench computer.

Sounds like it was their own fault.

I hear Tina harsh-whispering something to Lisa about how this is going to ruin her credit and she won’t be able to get that house, blah, blah, blah.

I didn’t care. I left.

When going to court, you better be sure that you are prepared or you are going to lose.

Read on to see what the people in the comments think about this story.

This story did work out well.

Source: Reddit/Malicious Compliance

This does seem odd.

Source: Reddit/Malicious Compliance

What were they thinking?

Source: Reddit/Malicious Compliance

This person’s father really trusted him.

Source: Reddit/Malicious Compliance

Cosigning is rarely a good idea.

Source: Reddit/Malicious Compliance

Always come to court prepared.

If you thought that was an interesting story, check out what happened when a family gave their in-laws a free place to stay in exchange for babysitting, but things changed when they don’t hold up their end of the bargain.