Small Claims Court after tenant moved out and to another state

Investor · Trafalgar, IN · Member since 2016 · 95 posts · 58 votes

Another new situation for me...tenant moved out and moved out of state. Left a huge mess and a hefty sewer bill that the deposit won't cover. They now live out of state....can you still file a small claims suit if they live out of state? How exactly do you get the notice served there if you can? Thanks in advance....

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Marian Smith

Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes

Diane G. Your "advice" is not at all helpful. Maybe there should be a forum just for "A class" property owners so you all can congratulate yourselves on your tenants' high incomes. To the original poster: I don't know how you protect yourself from getting stuck again with a sewer bill. If sewer bills stay with the property (they don't here but the water company requires a $100 deposit) you may need to start holding both a security deposit and a sewer deposit.

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Jerry W.Pro Member
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Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
9y
@Brian Pfaehler, I do not know the laws in your state, but small claims court can usually only be done in the city where someone lives. It is a special court where the rules of evidence are suspended so folks can handle a case themselves without losing due to a technicality. In order to sue outside your state you have to either sue them in that state or use longarm jurisdiction If there is a lot of money involved get an attorney, if not you might consider seeing if you can find a credit company to go after them.
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Diane G.
CA · Member since 2016 · 1k+ posts · 1k+ votes
9y
Not worth the effort... you will get nothing back in the end... move on That is partially why I only invest in A properties and A tenants whose income are > $250k annually
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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
9y
http://www.in.gov/judiciary/rules/small_claims/ind...
Indiana small claims manual. File the suit and have him served wherever he lives. If he doesn't show you can still get a judgement against him, which you can sometimes turn into a warrant for not paying a court ordered judgement. At the least you'll have satisfaction of follow through and maybe make it where he doesn't want to enter the state anymore.
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Marian Smith
Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
9y
Diane G. Your "advice" is not at all helpful. Maybe there should be a forum just for "A class" property owners so you all can congratulate yourselves on your tenants' high incomes. To the original poster: I don't know how you protect yourself from getting stuck again with a sewer bill. If sewer bills stay with the property (they don't here but the water company requires a $100 deposit) you may need to start holding both a security deposit and a sewer deposit.
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Carol C.
Investor · Nassau County, NY · Member since 2016 · 82 posts · 43 votes
9y
Here in NY, we would sue in small claims. You need to check your State's laws, but we don't need to know their current address. Send tenant 2 identical letters demanding payment - 1 certified, 1 regular mail with 'Address Correction Requested.'. If Either, or both, are returned DO NOT OPEN - hold onto them. Do same when you have to notify them of court date. Here in NYC small claims we have won (after proving our case, of course.) The courts ruled that since only the certified was returned as 'Undeliverable', and not the regular mail, the tenant had been served. The hope is the Address Correction gets you their new address. Not to serve them, but to help determine what jurisdiction/entity can help recover funds if/when you win. Good luck.
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Diane G.
CA · Member since 2016 · 1k+ posts · 1k+ votes
9y
OP - try @ Marian Smith advise and collect sewer deposit !!!!! Brilliant.... By the way, nobody mentioned to you here - no matter what judgement you get in small claims court, you have to go collect on your own, which made it completely worthless.... that is why I said move on in my first response
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BOB CRANEY
HIGHLAND, MD · Member since 2011 · 160 posts · 141 votes
9y
Under no circumstances should you let a bill from your local utility other than Gas and electric get put into the tenants name. There is a very small chance that a tenant who chooses to break the lease and bust out, will ever pay a past due water/sewer bill. In the Baltimore area a water/sewer bill unpaid can become a lien against the property and it escalates rather quickly with fees and penalties. Keep Control of these types of expenses and include them as part of the rent as a separate bill you send to the tenant on a monthly or quarterly basis, whatever works with the utilities billing schedule. i word the fee in my lease as additional rent, that way i can sue in rent court if they fail to make the payment on the water/sewer or the base rent.
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Anthony GaydenPro Member
Rental Property Investor · Omaha, NE · Member since 2014 · 2k+ posts · 3k+ votes
9y
Marian Smith Thank you for saying that. I almost feel that there are some condescending forum members who started with big money and look down on those of us starting with less.
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Diane G.
CA · Member since 2016 · 1k+ posts · 1k+ votes
9y
@ carol conlin - I believe the case needs to be filed where the tenants lives, not where you live... So, if the tenant moves out it state, you have to go file where he is at now.... hardly worth the flight over to chase a utility bill
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