Legal Question in Landlord & Tenant Law in California

Landlord closed company & moved out of state!!!!!

Dear Law Offices,

I am considering a small claims action against a former landlord of mine-

Upon vacation of the property I was renting from ''her'', a check list was gone over with signatures of both myself and our current manager, signing to return of FULL DEPOSIT, considering all expenses, cleaning, and painting was paid for by myself. At that time, it was agreed to (both verbal and written) that my full deposit be returned to me. Come a few days later, I was told the ''new renters backed out'' and my deposit was retained.

I sought legal counsel, sent certified letters (never signed for), and proceeded to call ''her'' regarding the matter. I've now learned that her business is closed and she's since moved to Texas!

My question is, Can I still sue her for return of my deposit, eventhough she has left the state of said occurance?

Your help is most appreciated,

Regards,

Anna


Asked on 1/13/04, 11:43 pm

1 Answer from Attorneys
Martin Snitow

Re: Landlord closed company & moved out of state!!!!!

Yes, you can sue her where the property you rented is located. If she is out of state, you will have to serve the pleadings where she is now. Certified mail works, but only if it is signed by her. Otherwise you will have to get a process server where she is.

The bigger problem is that if you win, you will have a California judgment against an out-of-state person. To enforce it, you will need a second action where she is. This is simple as lawsuits go, because every State must give full faith and credit to the laws of other States. But it does cost some money and take more time.

Look at your lease. Is there an attorney fees clause? If it says either or both parties can recover attorney fees if there is litigation, California law requires that this work both ways. You cannot obtain attorney fees unless you hire an attorney.

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Answered on 1/14/04, 1:24 pm


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