QUESTION

In which state would I file Small Claims for rent owed on a condo I own in Florida, but have rent sent to my home in New Jersey?

Asked on Apr 22nd, 2013 on Residential Real Estate - New Jersey
More details to this question:
I reside in NJ and own a rental property (condo) in Florida. My last tenant moved out but still owes some back rent. She currently resides in Florida, but sent rent to my NJ home address. Could I file Small Claims here in NJ, or would it have to be in Florida? Thanks
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Since the condo is located in Florida, I believe you have to file in Florida.  Your tenant could potentially sue you in New Jersey because you have a connection to this state, but you must bring a small claims action for rent in the state in which the property is located. 
Answered on Apr 23rd, 2013 at 7:02 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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