Legal Question in Landlord & Tenant Law in California

filing

My tenant breached one-year-lease and moved out, owing rent and garbage collection fees and leaving damage to the property. I would like to file a suit but he didn't provide me with his new address despite my numerous requests. I had not known about the damage he caused to the property and unpaid garbage fees before his move out. It now seems he didn't give me his new address to avoid his responsibilities. Though I would like to serve the papers in order to get a judgement, he did not even leave a forward address at the post office ( Thus, my letters were sent back to me.)

Regardless of the circumstances, do I have to have the papers served on the tenant? If so, how should I obtain his address?


Asked on 5/18/06, 2:38 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: filing

Whenever I have trouble locating a defendant, I either used the internet or hire an investigator. The cost shouldn't be that much if you hire a private investigator.

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Answered on 5/18/06, 2:52 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: filing

In extreme cases, the courts allow you to serve the summons and complaint by publishing it in a newspaper of general circulation. However, even if you were to perfect service of the lawsuit and obtain a judgment you'd still have to find the defendant to collect the judgment.

If you have a complete and accurate credit application or rental application with personal information such as driver's license and SSN, my advice is to start first by finding the guy. You can hire a skip tracer to locate him with the info on the credit or rental application. Then have the papers served. Good luck

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Answered on 5/18/06, 2:54 pm


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