Legal Question in Real Estate Law in New York

Re: Long distance Landlord and Small Claims Court

By doing business in your county he is subject to the courts jurisdiction. Sue in your county.

Re: Long distance Landlord and Small Claims Court

You may have to sue in the Court where he lives, although you could sue where the apartment is located if the court can serve the landlord out of state. However, a judgment in one state is not automatically enforceable in another and requires special procedures to have it docketed in the other state to enforce it. Best is to sue in the home state of the landlord to avoid these inconveniences.

Re: Long distance Landlord and Small Claims Court

Mr. Slater's advice is not totally correct.

You have no jurisdiction to sue in Small Claims Court. You must sue in the County where the defendant resides. Since the defendant resides in a different state, you must sue in that state.

However, you may have jurisdiction in the Landlord-Tenant Court. In that instance, jurisdiction is predicated on the location of the apartment. It is not as easy as Small Claims Court, however, you can go to the Court Clerk and request the proper forms to commence an action. You may even qualify for free legal help.

Mike.