Jurisidiction of an inter-state contract?

[roche]

I recently rented a vacation home in Florida. For the rental, I was required to sign a contract. The contract was sent to me via the e-mail. I returned the contract, signed, through e-mail as well as by certified mail.

Part of the contract required providing a deposit, to be returned a specified number of days after the end of the rental. This time has passed and I have not received the deposit. I have also been unable to reach the renter (through phone/e-mail).

I live in Texas. The renter lives in Tennessee. The vacation home is in Florida. All payment was made through certified mail using certified checks.

If I am unable to get a response from the renter, where would I be required to file a lawsuit to recouperate the deposit? Could I file a small claims suit in Texas? Would I be limited to the rental laws in Florida?

[baigh75]

THIS IS NOT LEGAL ADVICE. Do not rely on the information herein for any purpose.

You would have to file a lawsuit in the court that would have personal jurisdiction over the defendant. Whether a particular court has personal jurisdiction over the defendant depends on whether the long-arm statute is met and whether the constitutional requirements are met. In order for a court to have personal jurisdiction over a defendant, the defendant must have had such minimum contacts with the forum state such that exercising jurisdiction over the defendant would not offend traditional notions of fair play and substantial justice. In making that determination, the court would look at (1) whether the defendant purposefully availed to the forum state, (2) whether it was foreseeable to the defendant that she could be sued in that state, (3) whether the action is related to the defendant's contact with the forum state, (4) convenience factors, and (5) state's interest in having the issue litigated there.

There are also traditional bases for personal jurisdiction, such as serving the defendant while the defendant is present in the forum state (unless they are only in the state to testify in a case).

Also, whether you should file in state court or federal court depends on the claim and amount in controversy. Generally, federal courts can hear only two types of claims: (1) where there is complete diversity of citizenship and the amount in controversy exceeds $75,000 or (2) where the action arises out of federal law or the US Constitution. State courts have general jurisdiction meaning, they can generally hear almost any type of claim as long as there is personal jursidiction.

You also need to consider venue issues. As you can see, the analysis can get complicated. I would suggest that you contact an attorney.

[freedom97]

THIS IS NOT LEGAL ADVICE. Do not rely on the information herein for any purpose.

You would have to file a lawsuit in the court that would have personal jurisdiction over the defendant. Whether a particular court has personal jurisdiction over the defendant depends on whether the long-arm statute is met and whether the constitutional requirements are met. In order for a court to have personal jurisdiction over a defendant, the defendant must have had such minimum contacts with the forum state such that exercising jurisdiction over the defendant would not offend traditional notions of fair play and substantial justice. In making that determination, the court would look at (1) whether the defendant purposefully availed to the forum state, (2) whether it was foreseeable to the defendant that she could be sued in that state, (3) whether the action is related to the defendant's contact with the forum state, (4) convenience factors, and (5) state's interest in having the issue litigated there.

There are also traditional bases for personal jurisdiction, such as serving the defendant while the defendant is present in the forum state (unless they are only in the state to testify in a case).

Also, whether you should file in state court or federal court depends on the claim and amount in controversy. Generally, federal courts can hear only two types of claims: (1) where there is complete diversity of citizenship and the amount in controversy exceeds $75,000 or (2) where the action arises out of federal law or the US Constitution. State courts have general jurisdiction meaning, they can generally hear almost any type of claim as long as there is personal jursidiction.

You also need to consider venue issues. As you can see, the analysis can get complicated. I would suggest that you contact an attorney.

Since the property and transaction are across several state lines, I suggest you contact the Federal Interstate Commerce Commission.

[jabarl]

contact an attorney first.

but you're probably going to need federal court, because they're the ones that have interstate jurisdiction.

you should not only get the deposit back, but something for the breach of contract on their part. you were expecting to rent the property and now you can't. presumably, the rental would be worth quite a bit of money to you.

so get in touch with an attorney, tell him/her all the things relevant and good luck.

[shen86]

You should hire an attorney.

First of all its unclear whether you're the landlord or the tenant. It looks like you're the tenant with a returned deposit issue, but then it also looks like you're the landlord (as in the tenant never delivered the deposit).

Generally speaking contracts are a transient cause of action. That means you can sue the defendant wherever you find the defendant. Florida, Texas, or Tennessee.

If the defendant happens to be in Texas and you serve them there, its probable that the suit can be heard in Texas.

However, your likely place to sue is Tennessee.

However, if the property was located in Florida and it was to be performed in Florida, its possible to sue there.

Once again you need to hire a lawyer.