Landlord waited a long time to come for damages

[gar53]

Long story short (or at least as short as possible):

Lived in a cheap house in for two years while attending Syracuse University, moved out in August 2001. We (five of us) tried to recover our security deposit after leaving, but got no response from landlord. After a couple months we gave up as none of us lived anywhere near Syracuse. A little later, we get an uncertified letter claiming we owe more money for damages on top of our security deposits (which totalled $1375) and we'd have to formally dispute the charges (which were not detailed in writing). We did.

Didn't hear anything back. In November 2002, we get the same letter, give the same response. Didn't hear anything back. In September 2003, the same thing all over again.

Now, in September 2006, we've been served papers in our respective corners of the country seeking the damages ($1500 on top of the security deposits). Having moved for times since 2004, I've lost all paper work (old correspondances, even the lease) regarding this whole affair.

Am I right to call BS on this whole thing? And is there a way to dispute these claims without having to fly to Syracuse and appear in court?

Any advice would be much appreciated.

[Cranky Tenant]

Now, in September 2006, we've been served papers in our respective corners of the country seeking the damages ($1500 on top of the security deposits). Having moved for times since 2004, I've lost all paper work (old correspondances, even the lease) regarding this whole affair.

Where are you (all) currently located and in which court are you being summoned to appear? I believe the Statute of Limitations is six years in New York so the LL is cutting it pretty close to the limit.

[gar53]

We're being summoned the Supreme Court of Onondaga County. And as for where we are now: NYC, Long Island, Boston, D.C., and Vegas. (And we did hypothesize that the statute of limitations is almost up, which is why this is seemingly coming out of nowhere right now.)

And I know this probably doesn't help us at all, but my favorite part of the summons: three of our names are spelled incorrectly, as is our landlord's.

[Aubergine]

How was each summons served? By personal delivery to the defendant? By personal delivery to another person at the defendant's home or place of business, along with mailing by first class mail? Or by some other method?

[TenantNet]

Aubergine, correct me if I'm wrong, but I think you're getting at issues of jurisdiction in terms of proper service.

But wouldn't -- for those who are out of state -- the LL be required to commence a proceeding in those states?

[Aubergine]

That is a good basic question. New York state courts can exercise "long-arm" jurisdiction over out-of-state defendants based on business transactions within New York, torts committed within New York, or ownership, use, or possession of real property within New York. See CPLR 302 (a) (1), (2), and (4). Long-arm jurisdiction is limited to causes of action arising from the in-state contacts. You can probably see how the requirements for long-arm jurisdiction could be satisfied in this case in several ways. Moral: don't assume that leaving a state will put you, and your landlord-tenant disputes, beyond the reach of that state's courts, if you can be located and served with process.

The existence of minimum contacts with the state is one of the two elements that make a state court's exercise of personal jurisdiction over a defendant constitutional. The other part is adequate notice, and that is where the issue of proper service comes in. See CPLR 308 and 313 for the rules governing service of a summons.

[TenantNet]

Could you elaborate on what "minimum contacts" means?

Also, lets' say a LL gets a judgment on an out-of-state tenant, but the tenant has no assets in NY state, what could the LL do, if anything, to collect from the tenant?

In a situation such as this -- and I have seen this sort of thing before -- the events occurred years ago and the tenant would need to come to NYS at great effort and expense just to defend against what is probably a bogus claim, and which is likely the LL is counting on the tenant not to defend.

[gar53]

How was each summons served? By personal delivery to the defendant? By personal delivery to another person at the defendant's home or place of business, along with mailing by first class mail? Or by some other method?

We each got a knock on our door, with the summons being hand-delivered and signed for.

In a situation such as this -- and I have seen this sort of thing before -- the events occurred years ago and the tenant would need to come to NYS at great effort and expense just to defend against what is probably a bogus claim, and which is likely the LL is counting on the tenant not to defend.

I believe this is the strategy, and it's probably going to work since the five of us aren't going to spend the time and money to go up to Syracuse (especially when the court date will likely fall during the winter).

Interesting discussion though. And much appreciated.

[TenantNet]

If you're out of state, and have no assets in NY state, I'm not sure the LL can collect without jumping through hoops (if at all).

[cestmoi123]

LL could definitely go after the NYC and Long Island roomies. Probably not worth the hassle of domesticating the judgment into Mass and Nevada.

[Cranky Tenant]

Interesting read on colecting judgements at http://www.courts.state.ny.us/courts/ny ... judg.shtml

I'd imagine it would be particularly difficult to collect a judgement against someone if their name is spelled incorrectly, especially if the LL doesn't have a social security number.

[Aubergine]

Think about it: the process server located the defendants at their homes . . . how hard is it to get the correct spelling of someone's name, plus lots of other information about them, once you have a home address?

Ds should probably counterclaim for their security deposit. If the LL establishes damages, a later claim for the deposit will be precluded by the judgment in the current case. And time is running out for the security deposit claim anyway.

[Aubergine]

Could you elaborate on what "minimum contacts" means?

See
http://en.wikipedia.org/wiki/Minimum_contacts

Also, lets' say a LL gets a judgment on an out-of-state tenant, but the tenant has no assets in NY state, what could the LL do, if anything, to collect from the tenant?

See US Const, art IV, § 1 (full faith and credit clause).

[TenantNet]

"And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof."

So in practical terms, what does this mean? Can a LL in NYS say, garner the wages or bank account of a former tenant in another state, and if so, what does he need to do? Does he need to hire an attorney in the other state, file a judgment there?

[Aubergine]

Yes.