Tenant moved without notice or non payment of June rent. Violated lease which was good until March 31, 2013. This tenant also removed a 3 year old stove which belong to me.I do not know her new address however I do know where she works. What forms do I need to send and can I send them to her place of employment.
State/Country relating to question: New York
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Thank you.First, there is no law that prevents you from sending letters to the tenant's place of employment, unless she has specifically told you that she's not able to receive mail there. That would not prevent you from having her served with notice of a lawsuit there - which could be embarrassing for her. Usually, small claims forms are mailed by the clerk after they're filed, and there's no legal reason you can't send them to her business. What you're entitled to in this case is the reasonable value of the stove, based on what it would be worth on the open market (which is unfortunately not replacement value), and rent up until you find a new tenant. The law does require you to make reasonable efforts to find a new tenant to move in - it's called mitigation of damages. Judges usually cut damages for breach of a lease off after a month or two, so you'll need to be able to show that you advertised the place and tried to rent it.Unfortunately, Monroe County does not have forms available online that you can download to file a claim. What you may want to do is call the clerk of the court - I'd be very surprised if they don't have any forms at all. This form says Ithaca, but it's linked from the main "Small Claims Court" website that specifically mentions Rochester. Still call the clerk, but you might be able to use this form to fit your needs if they don't have one.http://www.courts.state.ny.us/ithaca/city/ApplicationSmallClaimCommercialClaim.pdfHere is the guide to Small Claims Court, which has information that should help in any county.http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.htmlIf you have any questions at all about what I've written, please click "continue conversation" or reply so that I may address them. It's important to me that you are 100% satisfied with the service I have provided you. Thank you.
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