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Run away tenant

Discussion in 'Other Residential Landlord & Tenant Issues' started by Johnbradley77, Sep 1, 2020.

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  1. Johnbradley77

    Johnbradley77 Law Topic Starter New Member

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    Jurisdiction:
    California
    I have a tenant that just gave me 12 hours notice. We both occupied a home in California and she moved to Alabama. I am trying to wrap my head around what I have read so far but it seems that the contract is in CA, the residence is in CA, and both parties involved in the contract resided in CA but I may not be able to collect as she moved out 6 days ago and relocated?
     
  2. Zigner

    Zigner Well-Known Member

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    The reality is that you are almost definitely NOT going to see any money from this "tenant".
     
    Last edited: Sep 1, 2020
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  3. army judge

    army judge Super Moderator

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    Did you mistakenly omit a necessary word that better completes your thought?

    Meanwhile for our OP:

     
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  4. Zigner

    Zigner Well-Known Member

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    Great googly-moogly!

    (Fixed - thanks)
     
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  5. zddoodah

    zddoodah Well-Known Member

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    Despite your use of a question mark, there's no actual question your post, and I can't really tell what you intended to ask.

    If you sue your now former tenant for breach of contract, you could do so in California. You'd have to serve her with the summons and complaint (or, if the suit is in small claims court, with the plaintiff's statement of claim). If she now lives in Alabama and you have her address, service can be accomplished easily pursuant to section 415.40 of the Code of Civil Procedure or any of the other methods provided for in Chapter 4 of Title 5 of Part 2 of the Code. Rather obviously, it's impossible for anyone here to know how likely it is that you might actually collect on any judgment you might obtain since that depends on the extent to which the former tenant has assets and income.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Are you the homeowner?

    Or were you a tenant of the owner and sublet to her?

    Or was this a girlfriend living with you?
     
  7. Johnbradley77

    Johnbradley77 Law Topic Starter New Member

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    I am the home owner. We solely had a business relationship.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    California requires a month notice for a tenant to terminate so the best you can sue for is one month's rent.

    Did you get a security deposit when she moved in?

    If not, you'd probably be wasting your time and your money filing a lawsuit.
     

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