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Posted by MikeW on May 12, 1999 at 12:02:00:

In Reply to: Can a landlord sue for damages in NYC court for a NJ apt.? posted by HollyB on May 12, 1999 at 11:29:52:

You may be able to get the case thrown out on jurisdictional grounds. But you will have to go to court to explain the issues to the hearing officer (I don't think the small claims court people are really judges). Bring your original lease, because, among other things, it probably has the landlord's address on it, in addition to the address of the property. Also, bring anything else you have that shows that the LL had a Jersey address at the time you were renting.

: Landlord is suing for damages in NYC Small Claims court for an apartment owned in NJ. The address given on the summons is landlord's work address in NYC. Address stated on lease was in NJ. Can landlord claim NYC work/privately owned business is the property owner even when the address given for leasor was a residential address in NJ?

: Tenant moved out of NJ apartment 13 months ago after living in unit for 4 years. Co-op went bankrupt. Natural wear and tear were only "damages" plus building maintenance errors (eg. maintenance did not finish repair job). Does landlord have the right to sue for damages to an apartment vacated 13 months ago in neighboring state? Does ex-tenant have any rights that will support defense even if the apartment is currently vacant? Does landlord have the right to sue for damages in NJ court? What (if any) are the statute of limitations for this kind of case?

Follow Ups:

• Maybe... basic small claims & NYSBA link Anna 5/12/99 (6)
  • Re: Maybe... basic small claims & NYSBA link HollyB 5/13/99 (1)
    • Re: Maybe... basic small claims & NYSBA link Mark Smith 5/13/99 (0)
  • Re: Maybe... basic small claims & NYSBA link HollyB 5/13/99 (0)
  • Re: Maybe... basic small claims & NYSBA link Mark Smith 5/12/99 (2)
    • Re: Manhattan commercial small claims Anna 5/13/99 (1)
      • Re: Manhattan commercial small claims Mark Smith 5/13/99 (0)

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Comments:
: You may be able to get the case thrown out on jurisdictional grounds.  But you will have to go to court to explain the issues to the hearing officer (I don't think the small claims court people are really judges).  Bring your original lease, because, among other things, it probably has the landlord's address on it, in addition to the address of the property.  Also, bring anything else you have that shows that the LL had a Jersey address at the time you were renting.

: : Landlord is suing for damages in NYC Small Claims court for an apartment owned in NJ.  The address given on the summons is landlord's work address in NYC.  Address stated on lease was in NJ.  Can landlord claim NYC work/privately owned business is the property owner even when the address given for leasor was a residential address in NJ?

: : Tenant moved out of NJ apartment 13 months ago after living in unit for 4 years.  Co-op went bankrupt.  Natural wear and tear were only "damages" plus building maintenance errors (eg. maintenance did not finish repair job).  Does landlord have the right to sue for damages to an apartment vacated 13 months ago in neighboring state?  Does ex-tenant have any rights that will support defense even if the apartment is currently vacant?  Does landlord have the right to sue for damages in NJ court?  What (if any) are the statute of limitations for this kind of case?  


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