Small claims court

[JCMojica24]

Alright guys I have a question and I need some input. My friends and myself have been renting a house from my mother since September 2010. We renewed the lease a year later for another year. Well things have gone stale and everyone is ready to move out and do their own thing. Well on the new lease that was signed only one of the guys signed the lease and just listed myself and the other roomate as people who would be living there. The realtor said we could move out with no problems if they found someone to rent it fairly soon or it could be possible that my mother would take us to small claims court. 
I know for a fact that my mom wouldn't do that if I had signed my name to the lease, but I did not. It was only one of  my roomates who signed the 2nd lease. If she did decide to take us to small claims court would she be able to only take the person who signed the contract, or everyone who is listed on the contract but did not sign? 

 

[mojodmonky1]

full disclosure: Im not an attorney

did you guys all sign the first lease? was the 2nd lease clear that it was a renewal of the terms of the 2nd lease? seems a bit murky, and she might be able to still sue the other tenants (including you) if she so chooses.

best scenario. have her sue you guys. convince her to take it to judge judy. judge judy is not a real judge or a court of law (she is a mediator). you will be required to sign something that says both parties agree to settle out of court via mediation. no judgments will ever appear on anyones record. EVERYONE gets paid for appearing on the show. If your mother wins, the show will pay for the settlement owed. You, your mother, and your friends will provide lulz for your boys and your family when the show airs. WIN/WIN situation.

and yes. I speak from experience.

 

[JCMojica24]

Originally Posted by Mojodmonky1

full disclosure: Im not an attorney

did you guys all sign the first lease? was the 2nd lease clear that it was a renewal of the terms of the 2nd lease? seems a bit murky, and she might be able to still sue the other tenants (including you) if she so chooses.

best scenario. have her sue you guys. convince her to take it to judge judy. judge judy is not a real judge or a court of law (she is a mediator). you will be required to sign something that says both parties agree to settle out of court via mediation. no judgments will ever appear on anyones record. EVERYONE gets paid for appearing on the show. If your mother wins, the show will pay for the settlement owed. You, your mother, and your friends will provide lulz for your boys and your family when the show airs. WIN/WIN situation.

and yes. I speak from experience.

I wasn't on the first lease either. I was in California helping my mother move when the papers were signed and I wasn't even listed as one of the people living there for the first contract. Second contract I didn't sign for either but I was listed as one of the people living there.

 

[liban906]

why don't you just talk to your mom before you start considering what will happen in court??

 

[JCMojica24]

Well I have and she said she was thinking about it. She isn't sure if she would have to take all of us or just the one who signed the contract though. She hasn't been able to talk to the real estate agent as of this morning, so she isn't sure.