{"id":19924,"date":"2019-04-29T10:12:34","date_gmt":"2019-04-29T14:12:34","guid":{"rendered":"https:\/\/www.nyhabitat.com\/blog\/?p=19924"},"modified":"2019-04-29T14:33:45","modified_gmt":"2019-04-29T18:33:45","slug":"understanding-small-claims-court-nyc-apartment-rentals","status":"publish","type":"post","link":"https:\/\/www.nyhabitat.com\/blog\/2019\/04\/29\/understanding-small-claims-court-nyc-apartment-rentals\/","title":{"rendered":"Understanding the NYC Small Claims Court"},"content":{"rendered":"
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Using the Small Claims Court of NYC doesn\u2019t have to be intimidating when you have all the information and know how you can use it!<\/p><\/div>\n

Living in New York City<\/strong> in a furnished apartment<\/strong> can be one of the most amazing experiences of a lifetime. You’ll enjoy the independence of having your own space in one of the greatest cities in the world, access to public transportation that makes it easy to get around, and of course, the world-class attractions that are famous<\/a> in every corner of the globe!<\/p>\n

The common reality between all people in a rental situation is that money must be paid from a tenant to a landlord. At times, rental experiences don\u2019t always go as smoothly as one might hope, and due to human error or misunderstanding, there may be troubles recovering money that is owed to one or more parties on a lease. Fortunately, New Yorkers have an invaluable ally to help them: the New York Small Claims Court<\/strong>.<\/p>\n

Before we dive into the basics of the Small Claims Court, it\u2019s important to know a few things. Tenants, owners, and New York Habitat are all eligible to open a case in the Small Claims Court, though our situations are all a little bit different. As an agency, New York Habitat strives to ensure that disputes are settled before they have to be taken to court, but we are not lawyers and cannot offer legal advice<\/strong> or take a case to court for you. Always collaborate with your agent and communicate with your owner or tenant as much as possible before seeking legal action.<\/p>\n

Keep in mind that the Small Claims Court is a resource that is designed to help you in a last resort situation. Remember that your landlord or apartment owner legally has \u201ca reasonable amount of time\u201d to return your security deposit to you. To learn more about whether your security deposit situation is eligible for Small Claims Court, read our blog about the ins and outs of security deposits<\/a>.<\/p>\n

What is the Small Claims Court?<\/strong><\/p>\n

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The Small Claims Court is an inexpensive and accessible court for monetary claims of up to $5,000.<\/p><\/div>\n

The Small Claims Court is a division of the NYC Courts<\/a> for cases where the monetary amount sought is less than $5,000 (if your amount is more than $5,000, you must open a civil case). The Small Claims Court is often called the \u201cPeople\u2019s Court\u201d because of its design: It\u2019s inexpensive<\/strong>, simple, accessible to people of all backgrounds, and there is no need to hire a lawyer<\/strong>.<\/p>\n

There are a few stipulations about whom can use the Small Claims Court. To open a case, you must be at least 18 years old, and either the claimant<\/strong> (the person opening the case) or the defendant<\/strong> (the person being sued) must be a permanent resident of New York City. If you\u2019re from out of state or abroad and were staying in New York in a short-term rental, there\u2019s no need to worry! As long as you have the name and address of your apartment\u2019s owner and they\u2019re a resident of New York City, the court is still at your disposal.<\/p>\n

Who can use the Small Claims Court?<\/strong><\/p>\n

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Tenants, owners, and New York Habitat can all use or participate in the Small Claims Court.<\/p><\/div>\n

New York Habitat\u2019s approach to furnished apartment rentals is to match clients with a licensed agent who is trained to connect tenants with their ideal apartment and serve as a liaison between apartment owners and renters during the contract period. We take great pride in our person-to-person approach<\/a> and strive to satisfy every person involved in a contract. With multiple parties involved in a rental, everyone will be happy to know that they can use the Small Claims Court to protect their interests!<\/p>\n