Legal Question in Real Estate Law in New York

Small Claims Court and claim involving negligence on tenant's part

I had a written lease with my tenant. Of which, she immediately upon her tenancy began breaking its provisions left and right. I took verbal action and when she did not comply, I wrote a letter. Apparently this letter which asked her not to tie her dog to the front of the house (much damage was resulting), she became angry. She never paid her last month's rent required upon lease signing as security and wrote her own letter to me. In this letter she gave her notice to vacate. In return for not paying her last month's rent, she states in the letter that she will repair any and all repairs done to the house. As time passed and no work was done, I made a phonecall to her business. She never returned and the damage remains. She broke another promise. I took her to small claims court. Because I could not find where she lived, I served her at her business. She has a legal dba. Whereupon she immediately closed shop and moved down the road. I found this out shortly after a hearing was set in court. Can I proceed in this case? She has the same business only it is moved down the road. How do I prove that she has this business? I know she is there as do her neighbors and local law enforcement. But can't she just say it's not me in court? How do I proceed so that she doesn't flee once again and maybe to another jurisdiction? Then I would have to serve her again...


Asked on 2/08/98, 1:37 pm

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

landlord / tenant / small claims

Perhaps I've missed something in your recital, but it seems to me that if the service was otherwise proper and complete, you have obtained jurisdiction - regardless of whether the defendant has moved in the interim. If, however, the fact of the matter is that the original service was "ineffective" for some reason, you should consider subjecting yourself to the expense of a process server. Needless to say, if the expense to repair the damages is significant-enough to REALLY matter, you might even consider retaining an attorney.

Regards, etc.,

j. m. hayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 2/10/98, 3:36 pm


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