Can I File a Small Claim?

[sjpmom]

What is the name of your state? Colorado

BACKGROUND: I am seeking damages in the amount of $600 to cover the movers and storage unit costs incurred when I was not able to take possession of a rental home on the date contracted under the terms of my lease.

I had started 2 separate threads under the Landlord/Tenant Issues message board that have been locked do to the posters not playing well in my sandbox. So I really do not wish to rehash the details of the situation here unless I absolutely have to. However, I had decided to take some of the advice provided in those threads and attempt to recover my damages in Small Claims.

QUESTION: I did a little research and now I am not sure how to go about filing a small claim in this instance as the rental house is located in Colorado Springs and the Landlord resides in DC. According to the El Paso Country, Colorado Court website I am required to file in the county where the defendant resides, works, has an office or is a student at an institution of higher education. Not sure what I am to do. Any and all help will be appreciated.

 

[Zigner]

You file in Colorado - that's where his "place of business" is (the unit you tried to rent)

 

[sjpmom]

You file in Colorado - that's where his "place of business" is (the unit you tried to rent)

Thank you Zigner... Now do I have to contact someone in Alexandra, VA (where he actually lives_ to have him served?

Another question, do I include the Neighbor/Property Manager that was my contact here in CO in the suit too?

 

[Zigner]

Thank you Zigner... Now do I have to contact someone in Alexandra, VA (where he actually lives_ to have him served?

Another question, do I include the Neighbor/Property Manager that was my contact here in CO in the suit too?

That's beyond me...and, you may have problems with jurisdiction anyway. You might want to consult with an attorney - maybe you can squeeze out a free consultation? Good luck.

 

[CameronNewport]

QUESTION: I did a little research and now I am not sure how to go about filing a small claim in this instance as the rental house is located in Colorado Springs and the Landlord resides in DC. According to the El Paso Country, Colorado Court website I am required to file in the county where the defendant resides, works, has an office or is a student at an institution of higher education. Not sure what I am to do. Any and all help will be appreciated.

The court's list is not exhaustive. You can sue him in Colorado if that is where the contract was negotiated/created.

So, you should choose the venue most convenient for you.

Now do I have to contact someone in Alexandra, VA (where he actually lives_ to have him served?

Another question, do I include the Neighbor/Property Manager that was my contact here in CO in the suit too?

You'll need to have the landlord personally served, so if he is in VA, then you'll need to have somebody do it there (sheriff, private process server).

You should include the property manager as well if he did the negotiating. Let him argue that he should be dismissed from the suit. The more people who are liable, the better for you.

 

[Zigner]

Cameron is partially correct - and not exactly for the reasons he gave.

You can sue in Colorado because this is a LL/Tenant matter.
The court also can send out notice via certified mail. If THAT doesn't work, then you'd have to use another method.

See http://www.courts.state.co.us/exec/pubed/brochures/smallclaimsweb.pdf for more information