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Updated over 13 years ago on . Most recent reply

User Stats

20
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0
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David Alyea
  • Homeowner
  • San Francisco, CA
0
Votes |
20
Posts

Small Claims Court and Serving Complaint

David Alyea
  • Homeowner
  • San Francisco, CA
Posted

I gave my tenant a 10 day demand for rent letter, which she acknowledged. After a few days, she agreed to move out. By the 15th day, after the demand letter timeframe had passed, I still didn't have the rent in hand - but, she did in fact move out. The house was in good shape - no damage, and pretty well clean except for the carpet.

At this point, I'm out over $3,000 in rent due, not to mention that although I'm trying to find a new renter and likely have one now, I'm out for the vacant time. Her lease is set to expire in June 2012, so she is responsible.

I picked up the paperwork at the county courthouse to file for small claims court. My problem now is that although we still email back and forth, so I know her email is active, and although I've tried to get her new address (to forward 6 pieces of mail that have arrived), she's not biting, and she's not giving me her new address. She's moved out of state, to NY. I have her mother's name, and I think I have her address, and she is on one of the bills that came to my house, since she paid the electric bill. I know I have to send my complaint via certified mail with return receipt (requires signature). Does anyone have a suggestion on how to find her address and to properly serve her?

I also have the form to release the complaint. My goal is to settle with her for 60% of what is owed so that I can save myself the time and hassle. But, I know that if I emailed her about this, it'd go nowhere. So I have to take this step to formally pursue the rent due, and then if she doesn't comply, I'll go to court and win a judgment against her. Any advice about how I'm proceeding in this regard?

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