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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4824
Experience:  Experienced in both state and federal court.
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I am moving out of California. The apartment I have been

Customer Question

I am moving out of California. The apartment I have been living in, Capes at Ventura, has been slow to respond to maintenance requests and it has been unpleasant living here. Many maintenance requests have been simply ignored. I have read reviews and talked to people, and I am told that this rental company (Greystar) regularly tries to charge people more than is appropriate, and that if one gets a lawyer they back off. I am trying to decide how to handle this. I will be out of California on August 29, 2015. I am afraid that they might wait till I am out of state, then file a small claims court that they would know I could not attend because I will be 2,500 miles away and might not be able to afford to fly back for the court date. Can they legally do that? Is there any way to make sure they don't? Is there any way to protect myself even if I am far away?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

Hello. I will be happy to assist you.

To answer your question directly, no, you cannot prevent them from filing suit against you after you've moved. The law gives them a prescribed amount of time to file suit (depending on what they sue for, but probably 1 or 2 years), and so long as they do so within that amount of time, there isn't much you can do about it. Keep in mind, however, that they must serve you with process in order to initiate the suit. This means that they have to know where you've moved, and then incur the expense of a process server to serve you with notice of the suit.

Expert:  Chris T., JD replied 1 year ago.

The best thing you can do is document EVERYTHING before you move out. Take pictures or video of the premises before you leave. Get everything in writing from them. Do a walk through with a representative from Greystar, and get them to acknowledge what you owe for and what you don't.

Expert:  Chris T., JD replied 1 year ago.

If you do that, you could possibly defeat their case just on the filings...meaning you could win without ever having to personally appear.

Expert:  Chris T., JD replied 1 year ago.

Do you have any questions? If not, feel free to ask follow up questions. If so, please remember to "rate" my answer before you go. Good luck.