Legal Question in Landlord & Tenant Law in California

Out of state defendant

In what state will the trial take place if the defendant is now living out of state. My old roommate is talking about suing me for the last month of the apt lease. I couldn't pay because I have been unemployed for several months and have now moved back with my parents in FL.


Asked on 6/23/09, 12:38 am

1 Answer from Attorneys

Re: Out of state defendant

Your ex roommate can sue you for rent in the state where the lease you two had was located.

Your roommate still has to get jurisdiction over you - so basically notify you of the court case in such a way that what the court does is binding on you. That will be done according to the other state's law. Probably, you roommate will have to get a process server in Florida to serve you with papers from the court case. This could be complicated for a nonlawyer to figure out how to do from out-of-state, so that might slow your roommate down if he/she doesn't have a lawyer.

When you get papers served on you or are otherwise notified of the court case, then check whether the way you were notified was adequate to give the court "jurisdiction". If it was, then you should pay attention to anything related to the court case, file paperwork at the court within the time period stated, and attempt to attend any hearings. If you were properly served/notified according to the other state's laws about a law suit on a rental agreement in that state, then whatever the court in the other state does will be binding on you.

If you get a lawyer, you should get one who is licensed to practice law in the state in which the court case is located.

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Answered on 6/23/09, 3:16 pm


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