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Can I sue a former tenant for damages beyond security deposit if I do not know their new address or where they work?
Anonymous2 views1 answers
My last tenants left the apartment a mess and damaged many things beyond what is expected for normal wear and tear, especially considering they only lived there 16months. I will be sending a letter within the next week to their last known address (my rental property) letting them know how the security deposit was applied. But the problem is the damages are much more then the amount of the security deposit (also because they had past rent due). Can I sue them in small claims using their last known address, i.e. the address for the apartment they just vacated? I know they probably will not get the summons or show up to court, but at least I would have a judgment against them in case I ever do find out where they live or work.
When people change jobs, sign new leases, apply for credit, etc., records of the addresses they give are made and certain search companies can be used by your attorney (when you get one) to try to locate these people. If you can't find a new address for service of the summons and complaint that you will be filing against them, the lawyer will be able to serve them by publication in the county of their last known address once reasonable good faith attempts have been made to find the new address and serve them personally. The court in your state will have a procedure for this. If the damage you seek is above the small claims limit you will be filing in a higher court. You can't just run out and file in small claims court using the address you know they have vacated - you have to use reasonable efforts in good faith to locate them and serve them.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
