Legal Question in Real Estate Law in Massachusetts
Small Claims Court location of Leased Property or Landlord's Local Address?
I recently received a notice to appear in Small Claims Court in Wrentham (MA) District Court (6 months after the end of the lease). I have many questions regarding this notice, but at this point I will start with my first question, and as stated in the Subject or Header. The leased (or rented) property was located in North Kingstown, RI, and my landlords live in Foxboro, MA. The notice, as stated above is from Wrentham District Court. Is this correct, or should this dispute be heard in the District Court of the location of the leased property?
Mainly I am curious to see if/when the points are discussed will it be dismissed because we should be in a Rhode Island Small Claims court?
Additionally, if it is correct that this dispute be heard in Massachusetts, then is it safe to assume that I review Massachusett's Real Estate/Rental Laws vs. Rhode Island? Please advise on these questions, and if possible, offer some additional information as to an attorney that may want to discuss/review some additional questions that I have regarding this case.
Thanks in advance for consideration in responding to these questions.
1 Answer from Attorneys
Re: Small Claims Court location of Leased Property or Landlord's Local Address?
I am admitted in both Massachusetts and Rhode Island.
Subject matter jurisdiction for real estate lies in the county the real estate is located. North Kingstown is in Washington County, Rhode Island.
I don't understand why a Massachusetts court would entertain an action related to real estate in Rhode Island unless 1) there was already a RI judgement the landlord is seeking to enforce against you in Massachusetts; or 2) the complaint is stated as contractual matter rather than a landlord/tenant matter.
More information - such as where you live; what the complaint says; and your version of the situation in dispute -- is needed before your concerns can be adequately addressed.
Feel free to email me with specific details and I will attempt to assist you.
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