Can I sue my landlord from another state or have a roommate sue on our behalf?

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Can I sue my landlord from another state or have a roommate sue on our behalf?

If I want to sue my landlord for failing to return my security deposit, would I have to return to the state in which I used to live or could my former roommate file the lawsuit and represent us both in my absence? I have moved out of state.

Asked on January 26, 2012 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am assuming that you are going to sue in small claims court, correct?  Your ex roommate can indeed represent your interests if you give him or her a Power of Attorney to do so.  Now, do not execute a general power of attorney form. Make it for this specific instance. To represent you and bind you in this matter. Get some help with it. Good luck.


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