How to File a Breach of Rental Agreement
- 1). Determine where venue is proper. Leases and rental agreements are regulated by state, rather than federal, law, so the jurisdiction is state court. However, venue will depend upon the state court that serves the city or county in which you reside, the other party resides or in which the property rented is located. It is possible that venue may be proper in more than one court.
- 2). Draft a formal complaint in which you name the defendant, allege breach of rental agreement, state your case and make a claim to relief. To prove breach of rental agreement, clearly indicate what part(s) of the contract were violated. Cite the exact passages of the rental agreement in the complaint. Sign the complaint in the presence of a notary public and submit it to the clerk's office at the court with the necessary filing fee.
- 3). Serve the defendant with the complaint. When you submit the complaint, you will be asked if you would like to request service, for an additional fee. Service is the formal delivery of the complaint upon the defendant. You are required to serve the defendant within so many days, depending on the state. By requesting service from the court, the court will serve the papers for you, normally through a local sheriff's office. If you do not request service, you must arrange for the defendant to be served via private process server. If you arrange for private process service, file the return of service (the document signed by process server verifying that service was effected) with the court.
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