Question: How can I proceed with a small claims lawsuit if the sublessee owes rent and fees, but only has an out-of-state address, and what are the implications of including attorney fees in the claim?

Answer: In a case where a sublessee has not paid rent and a payment plan agreement is in place, if the contract includes a clause stating that the prevailing party in any legal proceedings will be entitled to recover reasonable attorney's fees, then those fees can be included in the lawsuit amount. However, if the sublessee's only known address is outside of the state where the issue occurred (e.g., New York), the local small claims court will not accept the case. The plaintiff would need to find a valid in-state address for the defendant to proceed with the lawsuit in that state's small claims court.