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Tenants moved out of the house before lease up

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  • Unregistered
    Guest replied
    re: Tenants moved out of the house before lease up

    The court to file in is the court of the rental unit, not the court of the residence of the LL. You would be wasting your time and money to file in another state. Unless there is a specific clause in the lease which states that another court has precedence or is the ruling law, the law and court of the rental property has jurisdiction. It is the property that determines the court, not where either party now resides. The parties' residences can change, the rental residence cannot. The case can be tossed out for this technicality. The court from another state will not have jurisdiction.

    You obtain the judgement in the state of the rental residence. Then you can move that judgment (ruling) to the state of their residence for enforecement of it. Almost all states allow garnishment of working wages (but not of SS, disability, or public assistance). Even prison inmates can get their prison wages garnished! Most states allow garnishment of up to 25% for a debt. Many states also allow you to lien personal property (usually houses and property, although a few allow other items such as cars), and to attach bank accounts.

    You should always name all parties to the agreement in any court suit. The court will attempt to serve notice to both. If only one can be served, the suit will proceed against him alone. If she is also served, but does not appear, the judgment can be placed against both persons. (They need to be served, not to appear to obtain a judgment against them.) You are not ressponsible for their expenses to defend themselves unless they countersue you for a frivolous suit. As long as you have a legitimate reason to sue them, they are responsible for their own expenses.

    I am confused on how many posters there are to this thread. Please start a different thread for each poster so as not to confuse the advice given to you.

    Leave a comment:


  • bystander
    Guest replied
    re: Tenants moved out of the house before lease up

    My lease is from an ex-couple. The guy is currently living in California and the woman is living overseas. I have a legal issue I'd like to sue them for in small claims court.

    Do I need to serve them both?

    What happens if the woman does not return from Overseas to attend the small claims case being heard?

    If she does return to attend the small claims case being heard, can I be held responsible for the expenses she might incur?

    Leave a comment:


  • bystander
    Guest replied
    re: Tenants moved out of the house before lease up

    In California, it is my understanding that venue is considered the closest location to the landlord residence, not the location of the rental property or the tenant.

    Leave a comment:


  • Unregistered
    Guest replied
    re: Tenants moved out of the house before lease up

    Well, technically we will proceed with the case and they COULD request a change a venue, which hopefully, any judge would not allow. But, if we ever want to get anything, we were advised (by the Magistrate's Court) to move it to their state. Yes, we would "win" at least a judgment but I was have been informed (again by the Court) that it is illegal to garnish wages...that we probably will not see a dime. I hope you are correct.

    By the way to the initial post, we did have to file suites for them both (we have a lot of money tied up in fees). Best of luck.

    Leave a comment:


  • Unregistered
    Guest replied
    re: Tenants moved out of the house before lease up

    To the first poster, try and locate their home address using zabasearch dot com. You will need them both to be served (especially the husband since he was the one on the lease). You need to get their personal info so you can file a small claims court case against them. Once you get this, you can get a judgement and garnish their wages.

    To the second poster: Where did you get the idea that the case needed to be transferred to their new state? That's not how it works. The small claims court case is filed in the state and area of the rental. The ex-tenants will be served at the new address that you provide. They need to travel back to your state to attend the hearing, or they lose automatically. You don't go to them, they have to come back to you if they want to defend themselves.

    Leave a comment:


  • Unregistered
    Guest replied
    re: Tenants moved out of the house before lease up

    Almost EXACTLY, this just happened to my husband and me. Our renters paid us half of the deposit and never another dime (me too, desperate to get the place rented and too ignorant to get SS #, driver's license, etc!). We went through the legal process of having them evicted and a separte process to collect the three months' or so of rent owed to us. Well, they left town in the middle of the night (our neighbors called when they saw the moving vans and we called the cops and were over there every night for about one week...BUT, because the eviction notice had not been served (it takes FOREVER and cost us total about $150 that we did not have because of them...), there was nothing they could do. Long story short, they are states away and unless we transfer the cases to their state now, we are SOL. I will never do this again. Now, we are moving back into our home (after yes...having to repair, repaint, and professionally clean every inch, room, etc.) and stuck trying our best to find a way to legally get our leased home sublet or re-rented. I feel like I am in a nightmare and just wanted to let you know that I feel your pain...and I feel like an idiot too!

    Leave a comment:


  • Unregistered
    Guest replied
    re: Tenants moved out of the house before lease up

    Yes--file against both and you will prevail.

    Leave a comment:


  • Unregistered
    Guest started a topic Tenants moved out of the house before lease up

    Tenants moved out of the house before lease up

    The tenants moved out of the house four months before lease up, and owing 2 months rent and not having all the deposit paid. Also when we went in the house, there was damage of some sort or another in every room. We had to repair and repaint every room (7) It sat empty for 5 months while we were doing the repairs. These people were our first ever renters. Dumb me didn't get SS# or drivers lic.I didn't think I legally had the right. We can't find where they moved to, but I do know where the wife works. Problem is that when the lease was signed, only the husband signed saying she could not get off work. (We signed in front of a notary.) My question is can I still take the her and him to small claims court? Can I have papers sent or delivered to her work? The time is growing short for me to take action against them. I need help soon.
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