What is the process if I want to file a lawsuit for breach of lease against my ex-fiance?

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What is the process if I want to file a lawsuit for breach of lease against my ex-fiance?

My fiance left me a Dear John letter with 8 months on the lease. He just up and left. What is the process for filing a lawsuit and what steps do I need to take legally?

Asked on March 26, 2012 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You draft and file a complaint with the court, for breach of contract (violating his obligations under the lease, as well as under any agreements, including oral ones, between the two of you as to rent or other costs, such as utilities); the court will return a filed copy to you, which you then have served on him. To do that, you create a summons and turn over the summons and a copy of the filed complaint to the county sheriff, with a check for their fee.

You should be able to get sample forms and instructions for the summons and complaint (and any other documents, like a civil information statement, which you need to fill out) from your court, either in person or on line. The sheriff's office can fill you in as to their process and costs.

For several thousand dollars, retain an attorney to do this. For several hundred, consider acting as your own attorney in small claims court.


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