CAN I SUE THE LANDLORDS AGENT IN SMALL CLAIMS?, in GEORGIA

[luponder]

I think I have a very good case against my exlandlord in small claims court for keeping a majority of my security deposit in Georgia.

My problem is my landlord moved out of the country (temporarily) right around the time I moved out of the house. I did the final walkthrough of the house with his father - who acted as the landlords agent in a few situations at the end of the lease when the landlord was preparing to move. I am going to go this weekend and find out how the current residents are contacting the landlord, or if they are also dealing with his father.

Is there any way I can sue this landlord for the money? I think he is trying to keep the money because he feels like I cannot do anything since he is out of the country. This guy still has 3 rental houses in the area. What if I wait until he returns to the country, which I feel confident he will do in the next year or so. Can I sue the father in small claims court since the father is acting as the agent for the landlord?

 

[oneraincloud]

You should contact the local small claims court in your area. You can bring suit against anyone you want, the judge will decide if you have a valid case. In this case, the owner would have to appear (or someone acting as his agent), if he fails to appear, usually you will win by default. In that event, you would hold a judgement against your former landlord; in most states, that judgement is good for up to ten years.

 

[luponder]

I really appreciate the response.

I did contact the small claims court and they led me to believe that they were not going to be able to summons the landlord if he is not in the country, so it is pointless to sue him. Do I need to go ahead and file a case, then hold it in the courts until the time he can be given the summons?

It is helpful to know that I could go ahead and sue the father, and let the court determine if I have a case. My apprehension with taking that route is I dont feel I have a case against the father.....but I wonder if he would be responsible for showing up in court to represent the landlord if he is currently acting as the landlords agent when the landlord is out of the country.

It doesnt seem right that this guy can have rental houses in Georgia, then not be held responsible for them because he is not in the country.

 

[DRUSS1964]

go back to the court and ask what are the aceptable ways to serve someone a summons see what the opptions are such as does it need to be in person ,by mail or even maybe an add in the local paper under public notices with luck you may find something that will work
then take them both to court let the judge sort it out