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Old 06-23-2013, 06:30 PM
 
Location: Anywhere USA
148 posts, read 409,201 times
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Does anyone know how to sue a landlord for return of security deposit if he lives out of state. I live in Cobb county and he lives in California. Cobb County magistrate court was no help. They said I need to read the stature but they would not tell me which stature.
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Old 06-23-2013, 07:26 PM
 
Location: The Triad
34,092 posts, read 83,000,140 times
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Quote:
Originally Posted by myDeliverance View Post
Does anyone know how to sue a landlord for return of security deposit if he lives out of state.
Where the LL lives shouldn't matter... the property is what counts.

Small claims court... send/serve him notice to appear.
If he doesn't appear... you win the Judgment by default.

But that still doesn't get you any money.
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Old 06-24-2013, 05:38 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,718,121 times
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Read the state landlord tenant laws regarding security deposit return (the state in which the property is located). You'll likely find a link to them in the first "sticky" on this forum.
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Old 06-24-2013, 12:10 PM
 
Location: Silicon Valley
18,813 posts, read 32,518,287 times
Reputation: 38576
Quote:
Originally Posted by myDeliverance View Post
Does anyone know how to sue a landlord for return of security deposit if he lives out of state. I live in Cobb county and he lives in California. Cobb County magistrate court was no help. They said I need to read the stature but they would not tell me which stature.
To sue in small claims court, you first have to send a demand letter asking for the money. Send it with some type of proof of delivery.

You sue where the rental was located, which I'm assuming is in Cobb County, GA.

When you do the paperwork at the court clerk's office, you can usually choose an option where the court sends the notification. You'll just need your landlord's address. Doesn't matter if he's out of state.

If he doesn't show up in court, you automatically win. If he doesn't pay you, you get a judgment and you can have his rent garnished.

Here's your GA tenant info:

DCA | Georgia Landlord Tenant Handbook

The court clerks can't give legal advice. Here's the small claims court FAQ for Cobb County:

Cobb County Government
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