My husband and I are landlords. Our one tenant recently moved out, but never paid the last month's rent. In addition to this, she left the apartment a mess. We notified her several times about the rent, and kept her escrow to cover the damages. We took her to small claims, and because she never showed, was issued a default judgement. We only want the last months rent (She actually owes a little more than the escrow for the damages, but we are overlooking that)She never gave us her new address, but I was able to obtain it through a PI (Who asked to not be identified) My question is this, if I know her correct address, but do not specify how I know it, will the court reject my paperwork? Should I just go through a search system to obtain the address? (And is that still enough proof?) What are they looking for as proof of address? We also have no access to her specific apartment, because it is a gated facility. Any help would be appreciated!

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Originally Posted by mrprentals

... She never gave us her new address, but I was able to obtain it through a PI (Who asked to not be identified) My question is this, if I know her correct address, but do not specify how I know it, will the court reject my paperwork? Should I just go through a search system to obtain the address? (And is that still enough proof?) What are they looking for as proof of address? We also have no access to her specific apartment, because it is a gated facility. Any help would be appreciated!

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No, your paperwork won't be rejected. The court couldn't care less how you know her address. They simply need to know where she is so that she can be served with process. If she is served, the return will show that she was served at such-and-such location. That's all they need to know.

If process is served by a peace officer, the officer should be able to get through the gate. If it's a private process server (Doesn't appear that's the way its done where you are, from what you say.), the process server will have to work something out.

Thanks! I'm really hoping that's the case. We've been in the rentals for about 5 years, and this is our first small claims. It it crazy to me how everything seems to work in favor of the tenants. It enables them to act irresponsibly. If we are awarded our settlement, and she still does not pay, what step is taken next? (I'm not sure if it varies from state to state-- We are in NJ)

The next step will be to get the court to issue a writ of execution &/or a garnishment writ and proceed to have the judgment debtor's property (bank accounts, etc.) & paycheck seized. Your local court may have booklets or portions of its website which will explain this in greater detail.