Can I file a claim in small claims court against my landlord who resides in another state?
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Can I file a claim in small claims court against my landlord who resides in another state?
Will I need to be present if I file the claim out of state.
Asked on December 15, 2011 under Real Estate Law, Kansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can bring a small claims action against your landlord who resides in another state in the state that you reside in over a dispute concerning the rental that have or had.
If you decide to file a small claims court action against you landlord in the state that he or she resides in, you will need to personally appear at the hearing in that state to present your case, just as though you have to appear on in the proceeding in person in the state that your reside in if one is filed there.
Sentiment is that it is best to file the small claims court action against your landlord in the state that your reside in forcing him to come to you to resolve the dispute you have as opposed to you going to the landlord.
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