Upland, CA asked in Civil Litigation and Landlord - Tenant for California

Q: Can I sue my former tenant and have her sub served at the premises address?

My tenant vacated the premises when her lease expired at the end of May. There was a move out settlement agreement in which the security deposit was returned as courtesy relocation funds, however, I retained the right to provide a statement of damages if there was existing property damage.

My tenant provided a mailing address which is a PO Box, and the post office has confirmed for me that the residence address associated with the PO Box is the premises address. She does not work.

There was property damage and I would like to sue the tenant in small claims court. The DMV confirmed for me that she renewed her driver license and vehicle registration in August and provided the premises address as her residence address.

Can I sue the tenant and have her sub served at the premises address since she provided it to the California DMV over two months after she vacated? Will the court accept the proof of service for purposes of a default judgment?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you have a hard time finding her, you can apply for the court for substituted service. If successful, you can serve her by means other than personal service. Keep in mind that, while you may have a great case, it could be hard to get money from her if she is the flighty type. Feel free to contact me if you have any further questions.

Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Landlord Tenant Lawyer
  • Sebastopol, CA
  • Licensed in California

A: If you have actual knowledge that she no longer resides at the premises address, then serving her there won't suffice. You need to serve her in a manner that most assures she will receive actual notice of the lawsuit, so you may request an order from the court to serve her by publication, which may be your only option at this point, unless you have any other way to serve her in person (e.g. through a friend).

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