Legal Question in Landlord & Tenant Law in New York

Which state law prevails

I recently filed suit in New York because the defendant is a resident of that state. This would be a landlord/tenant dispute, except I don't know how that could be, as the property is in South Carolina. The defendant is illegally withholding prepaid security deposit and rent. The lease is not in force, but it is a South Carolina lease. I contend that as such it is subject to the laws of that state, but the case will be heard in New York. According to South Carolina law I'm entitled to 3x's the amount of the money being held. In either state the defendant is required to inform me of the bank the security deposit is being held. That hasn't happened. He is supposed to give me a detailed list of reasons that he feels entitled to hold my money, he hasn't. I never moved in and he never signed the amended lease I faxed back to the realty company that produced it. But the real question is is this a landlord/tenant dispute or something else? Which state law is in effect?


Asked on 10/08/05, 2:26 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Which state law prevails

Looks like jurisdiction lies in NY and SC law will be applied.

Good luck.

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Answered on 10/08/05, 4:47 pm


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