QUESTION
Which state can a small claims action be taken. I have a property in NJ & listed it as such but extenant lives in NY which venue is correct?
Asked on May 22nd, 2017 on Landlord and Tenant Law - New Jersey
More details to this question:
I rented a property in NJ. tenant did NOT move in. Tenant gave me 2 months rent and security. He has filed a small claims suite in NY. He lives in NY. What is the correct venue for this claim?
1 ANSWER
Anthony Van Zwaren
If you live in NJ and the property is in NJ, the ex-tenant would have to prove that you have some connection to NY in order to sue you there. Now if you for instance advertised your property in NY that might be a connection, but if both ex tenant and you were in NJ when he was a tenant, I would say that NJ is the proper venue.
Answered on May 31st, 2017 at 3:02 PM