Re: Tenant moved out of State owing rent

Re: Tenant moved out of State owing rent by Mary on April 11, 2012 @09:54

Most small claim courts will not handle out of state law suits, instead these must be done in civil or state courts. This will include having an attorney, court filing fees, fees to have tenant served and fees to locate the ex tenant. This adds up to a lot of money up front for the landlord, and still does not mean the landlord will receive any money from ex tenant. The ex tenant could counter answer that jurisdiction is lacking, which would be an additional expense for the landlord to prove. The landlord needs to weigh the cost of trying to file suit with the cost of damages, and decide if it's worth it to proceed against ex tenant. The tenant could also answer with an attorney which would move the case out of small claims court. This would require the landlord to have an attorney also.

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Re: Tenant moved out of State owing rent by OK-LL on April 11, 2012 @17:09	[ Reply ]

In my state having an attorney does not automatically remove the small claims case to regular civil court. Attorneys are not necessary in regular civil court, although the uninitiated may benefit from one. Based on the apparent differences in our experiences, your state laws must vary greatly from mine.