Security Deposit Sueing landlord abroad

[KPeter]

Jurisdiction

New York

Hi,
My landlord wanted to deduct half my security deposit and I didn't think it was justified so I disagreed. It turned into an argument and now he's stopped communicating and kept it all.
He waited 18 days to before he reached out to me.
I believe he has to give me an itemized list and return the remainder before 14 days past the end of lease.
I want to sue him but he lives in Australia.
His US residence is the rental and he always got all his mail sent there.
Can I still take him to small claims court?

Thanks!

 

[zddoodah]

How much $$ is at issue?

 

[Tax Counsel]

Hi,
Can I still take him to small claims court?

Thanks!

Does he operate the rental through a business entity like a corporation, LLC, etc? And if so, where is the entity set up? If he doesn't use a U.S. limited liability business entity he probably should be doing that for U.S. tax purposes and to limit his exposure for debts of the rental operation. How the rental is set up and where will have a significant impact on the person/entity you sue, in what jurisdiction you sue, and whether small claims court would be a proper forum for your dispute.

 

[KPeter]

How much $$ is at issue?

5k

 

[KPeter]

Does he operate the rental through a business entity like a corporation, LLC, etc? And if so, where is the entity set up? If he doesn't use a U.S. limited liability business entity he probably should be doing that for U.S. tax purposes and to limit his exposure for debts of the rental operation. How the rental is set up and where will have a significant impact on the person/entity you sue, in what jurisdiction you sue, and whether small claims court would be a proper forum for your dispute.

Yes we always paid rent to his company bank account

 

[zddoodah]

Yes we always paid rent to his company bank account

Ok...hang on.

1. Do you have a written lease?

2. If so, that lease presumably says something like, "____ agrees to rent premises described as ____ to [your name]." Is the name in the first blank an individual's name or the name of "his company" (or some other business entity)?

3. If the answer to #2 is that it's a business entity, then that's whom you sue. That the entity might be owned by an individual who lives in Australia doesn't matter.