Legal Question in Landlord & Tenant Law in North Carolina

Own house in NC. Tenant did not give notice, moved out of State (Georgia), with 6 more months to go on lease. Left behind $500 of unpaid past and current utility bills that I will have to pay. Probably can find him in Georgia. Do I have to file small claims action in Georgia or can I file it in North Carolina and have Georgia processor server serve him...but court case heard in NC where breach of contract occurred?


Asked on 12/10/11, 6:36 am

1 Answer from Attorneys
Rachel Hunter

You have to sue where the tenant resides since the tenant has moved out of state. There are advantages to suit in Georgia as Georgia has wage garnishment and NC does not. Also, if you sued in NC and the tenant does not own anything, you would have to transfer the judgment to Georgia or any other state where the tenant owns property if you want to collect. What I would do is get a Georgia attorney and sue in magistrate's court in the county where the defendant now resides.

Read more
Answered on 12/21/11, 7:44 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in North Carolina