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Question

My lease recently ended. I gave appropriate 30 day notice etc. and vacated the property. I live in Arizona, my landlord lives in California so our original rental agreement was done through a real estate agent. Shortly after I moved out the owner (my landlord) disappeared. His phone has been disconnected. I called an emergency number of a relative here in town he had given me, this person told me he believes he is in jail in California! The realtor is also unable to reach him and has pulled the house off the market. I have a $1500.00 deposit that I need to get back. I tried small claims but don't think that is an option since he lives in another state. I do not want him to get away with this

Submitted: 385 days and 14 hours ago.

Category: Real Estate Law

Value: $20

Status: AWAITING CUSTOMER ACTION

Yes, certainly small claims is an option. A suit in your matter can and should be filed with the local small claims court for the return of your security deposit. If you are given an award, you can then file such as a judgment and then attempt to collect on the judgment locally and/or transfer the judgment to where he lives in California too to collect thereupon.

Expert:	Law Pro
Pos. Feedback:	98.8 %
Accepts:	1715
Answered:	2/28/2009

Lawyer

19 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.

384 days and 18 hours ago.

Reply

I though I could not file small claims since he is in another state

Posted by Law Pro 381 days and 5 hours ago.

Answer

Yes, you can file in small claims - he just has to be served with the complaint. If he is served then he can decide what is then is in his best interest - to defend, to let a default take place, or defend when the judgment creditor attempts to execute on the judgement where he now lives.

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