QUESTION
Real Estate agent rented my house to a lousy tenant who did not pay; I had to evict her. My loses exceed $5000. Which court should I turn to?
Asked on Dec 09th, 2011 on Residential Real Estate - New York
More details to this question:
Real Estate agent rented my house in Coram, Suffolk county long Island to a lousy tenant who did not pay. Agent either did not check her credentials or most likely though that she will pay partial rent (being on kind of public assistance) and I will have to accept it after the fact. .I had to evict tenant. Being blamed for this, agent (and his real estate enterprise) have been withholding documents. Century 21 Ethic committee fined them for $1000, but no money for me. My loses exceed $5000. Which court should I turn to? Should I sue only agent or his boss, too? Also, looks like their franchise seized to exists - very weak joy for me.
What is the process to go through?
thanks
1 ANSWER
When the amount of damages recoverable in an action exceeds $5,000.00, the small claims courts cannot be used. In Suffolk County, the District Court handles cases with damages up to $15,000.00. The District Court has 6 courthouses in the 5 western towns of Suffolk County (Babylon, Brookhaven, Huntington, Islip & Smithtown) You can find the locations of the Courthouses at the District Court website at http://www.nycourts.gov/courts/10jd/suffolk/dist/ . If your damages are between $15,000.00 and $25,000.00, then the appropriate Court is County Court located at the Cromarty Court Complex, Criminal Courts Building - 210 Center Drive, Riverhead, New York 11901. If your damages exceed $25,000.00, the appropriate Court would be Supreme Court.
It is difficult to ascertain from your facts who the appropriate parties are to sue. You should consult with a civil litigation attorney in your area for a detailed analysis to determine your rights and the persons to sue.
- Alfred Polizzotto, III
Answered on Dec 09th, 2011 at 1:16 PM