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Suing someone who is out of state isn't generally worth it. You have to properly serve them while they are in-state in order to have the case heard in-state. Even if you did serve them in state any defendant has the option of relocating the case to their jurisdiction. Because they aren't in state though you really need to sue them where they live, serve them there, and show up in person the day of your hearing(s). Even if you did, for some stupid reason the court overlooked, sue and win your judgment has no teeth without having it relocated to the new state you couldn't garnish wages or anything of that nature.
Having said all that I'd find out the statute of limitations, 6 years here in AZ, and check in on them every so often to see if they have moved back.
If you just want to track them down contact a local process server or find a company online to perform a skip trace.
I disagree with this. A lawsuit is filed where the business transaction took place. The person suing doesn't have to chase down the defendant, if the defendant has moved to a different jurisdiction and then file wherever the defendant flees. That would be completely unreasonable and the law is all about what is "reasonable." That is always the key word.
So, Defendants can't relocate a lawsuit to a different jurisdiction at whim.
This would also apply if the landlord lived in a different state and the rental was in a different state. The landlord wouldn't get to sue someone in their own state, if their business contract was for a rental in a different state.
Good luck. Premises in fair condition after tenant moved out? Let it go.
Sadly, too many landlords are jerks and find some silly reason to hold back the deposit money, so a lot of tenants apply the deposit to their last months rent. I know I would never pay the last month just because of shady landlords pulling this stunt.
If the place is in good shape (no EXCESS wear and tear), do what ever maintenance is required, do the floors, paint the walls, have the place exterminated and get it sold.
As much as you might wish to inflict harm on the previous tenant, he is long gone and you are just creating aggravation for yourself. The court is going to ask you if you are "whole" if you file, and unless you lie, the judge will say then "what is the issue"?
Good luck. Premises in fair condition after tenant moved out? Let it go.
Sadly, too many landlords are jerks and find some silly reason to hold back the deposit money, so a lot of tenants apply the deposit to their last months rent. I know I would never pay the last month just because of shady landlords pulling this stunt.
If the place is in good shape (no EXCESS wear and tear), do what ever maintenance is required, do the floors, paint the walls, have the place exterminated and get it sold.
As much as you might wish to inflict harm on the previous tenant, he is long gone and you are just creating aggravation for yourself. The court is going to ask you if you are "whole" if you file, and unless you lie, the judge will say then "what is the issue"?
Move along. You'll be better off for it.
Seems like you are a jerk tenant that thinks nothing wrong with disregarding the letter of a lease. You can't just take off because you feel like it. At least give the LL notice. Follow the contract, for christ sakes. I will go a step further. What if me, the LL, just went on a month vacation to Europe without telling you, the tenant. An emergency happened, i.e, fire, clogged drain, blackout, etc. No property manager. You left with your own devices. I guess I should have that attitude as well. Good luck! LL are contractually obligated to remedy such maladies. You as a tenant are contractually obligated to hold up your end of the bargain as well. Hence, take this clown to court. Find judgement against this person so it follows him to the ends of the earth!
I disagree with this. A lawsuit is filed where the business transaction took place. The person suing doesn't have to chase down the defendant, if the defendant has moved to a different jurisdiction and then file wherever the defendant flees. That would be completely unreasonable and the law is all about what is "reasonable." That is always the key word.
So, Defendants can't relocate a lawsuit to a different jurisdiction at whim.
This would also apply if the landlord lived in a different state and the rental was in a different state. The landlord wouldn't get to sue someone in their own state, if their business contract was for a rental in a different state.
Venue is a complicated thing, but AZ is actually right on this one. Usually once someone has left a state, that state loses jurisdiction over them after a certain amount of time. There are ways around it (long arm statutes and the like) but even then the judgment would need to be domesticated to the state where the defendant currently resides. It is generally easier and more expedient to file where the defendant is located, even if it is possible to file in the home state.
that really sucks...
does that mean judgement will not affect mortgage/car loan/credit card application?
Nope, unless those entities are going through public records themselves. Mortgage lenders might, but thats about it.
Honestly this was a HUGE win for consumers. The credit bureaus were simply being too sloppy with the reporting on judgments and far too many people were ending up with incorrect information on their reports because of it.
Seems like you (the tenant of the OP?) are a jerk tenant ...
Perhaps. But just as likely to just be a regular joe who just needed to move on...
and had a jerk LL who attempted to impose all sorts of officious contractural weight/obligation onto them.
Sound familiar?
As I read the OP... the problem seems to be rooted in damages that hadn't been observed/documented
and then charged to the tenant in a timely manner ...
Or maybe that was actually just common turnover W&T being mis-characterized as damage.
Venue is a complicated thing, but AZ is actually right on this one. Usually once someone has left a state, that state loses jurisdiction over them after a certain amount of time. There are ways around it (long arm statutes and the like) but even then the judgment would need to be domesticated to the state where the defendant currently resides. It is generally easier and more expedient to file where the defendant is located, even if it is possible to file in the home state.
You're complicating this when it's not complicated.
Most, if not all, small claims courts will allow you to sue someone who lived in your state and created a contract with you in your state, even after they move to another state.
Without making this sound really complicated by going into a bunch of arguments about jurisdiction, OP, all you have to do is go to your state's small claims court's website or call them or swing by the clerk's office and ask them if you can file a small claims court action against a tenant who moved out of state.
Odds are very, very good the answer will be yes.
And then, when the tenant doesn't show up in court, you can get a judgment. With the judgment, you can hire a collector. A collection will show on a credit report, even if a judgment from the courts no longer will.
^^^^^This is interesting. I guess the tenant advocates will cry foul. "Oh, this is a litigious nation." Oh, i like this one. "You slumlords are sue happy." Fact of the matter is owners have to vigorously protect their interests. Even if it involves legal action which is usually the case when a tenant decides to make their own rules.
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Follow the contract, for christ sakes. I will go a step further. What if me, the LL, just went on a month vacation to Europe without telling you, the tenant. An emergency happened, i.e, fire, clogged drain, blackout, etc. No property manager. You left with your own devices. I guess I should have that attitude as well. Good luck!
