If I rented a home owned by a father and son and only the father is named on the lease, if he has disappeared, can I sue the son for my deposit?

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If I rented a home owned by a father and son and only the father is named on the lease, if he has disappeared, can I sue the son for my deposit?

I dealt with only the parents the 18 months I lived there. They have since moved somewhere and the son has moved back into the home. The father and son are listed as joint tenants on the deed, but the lease only names the father. I would like to know if I can sue the son for return of my $1600? I spoke with the father shortly after i moved out he said he would be returning my deposit (minus a garage opener, I offered to buy and program for $25), the house was otherwise perfect and the walk through was done by his real estate agent. I never heard from him again, sent certified letter, returned.

Asked on September 17, 2010 under Real Estate Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, but sue both.  Really both names should have been on the lease but you are going to assume he was the agent for the son.  The son did not object in the 18 months you lived there, correct? And if he wants to raise the issue now then he may be stopped by a Judge under a theory known as "laches." But be aware that he will probably fight you on this.  You can sue them at their last known address and it may be a good idea to add the property address.  If he has disappeared you want a judgement to file against the property at the very least.  Although it does not help getting the money now you know that it will not be lost.  You can also attach bank accounts if you have that information.  Good luck.


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