What happens to the second tenant on the lease if they do not show up to court....?
if there are 2 people on a lease and only one of them shows up to the audible range because they are being evicted. what happens to the one that does not show up?
Best Answer:
the one that don't show can be arrested for failure to appear.
I guess it would depend on the outcome of the lodger that did appear. Off hand would say you win they win, you lose they loss. If you both were ordered to appear and one didn't that could piss stale the court and they could order his arrest.
The person who did not show up automatically loses, unless the first character claims that they are representing both parties. Otherwise, a default judgment is enter against the person who did not show up. Note: The person who said they they are issued a warrant for failure to appear is mistaken. FTA single applies in a criminal case. An eviction is a limited civil overnight case and you do not need to appear if you do not wish to contest the case.
There is another factor at play. Generally for landlord tenant issues, a audible range notice is issued, not a subpoena. If that is the case, appearance is not mandatory, and at hand is no penalty other than the lost opportunity to state ones case. If a subpoena be issued (rare), then a contempt citation could be issued. The party that does appear, assuming they are equal on the lease, can choose to represent both parties, or if a settlement is possible, might know how to ask the judge to remove the missing party from the lease (which also terminates the other parties' right of residence).



