What is my best course of action regarding not getting back my security deposit from my landlord?
Im in NJ strong tenant rights state I had a lease in place for 3 months with 1st months rent and security paid. On move in day with no prior notice my landlord failed to deliver the premises and would not give up the keys due to his negligence to keep me properly informed regarding finding out his mortgage company prohibited making his primary residence a rental due to the amount of money he owed. He knew the situation at hand before I signed the lease but states he was optimistic he could get their approval before move in date but never mentioned to me my move in was based on his mortgage companies contignecy. He told me this on move in day keeping me in the dark. My lease is still binding because he was optimistic he could get it resolved and knew the situation before signing and never informed me of anything except on move in day. Hes done nothing to mitigate his damages he returned my security deposit back to me 2 weeks later after the breach he only had 5 days max. Now a week later the check balanced due to him having insufficent funds in his account and I get charged a fee for this. What is my best course of action to ensure he pays for not only taking 2 weeks to return my security deposit back but now having it balance 5 days later taking the money away and I get charged an additional fee from my bank Im so mad at every circumstance in this situation. Now Im to the point where i just want him to pay for doing this to me. Should I contact him and tell him to resend it or should I let him figure it out keeping in mind its only delaying his damages and delaying my ability to do a reasonable search for housing. As I understand from the laws perspective my search for housing cant be done until Ive recieved my security deposit back. The breach happened on June 15th now its July 9th should I at least wait until the 16th to mention this given hell have to pay double the security deposit and hell have to pay 2 months worth of damages for a reasonable search for similar housing? I have money for now but the check balancing was the last straw I want to get every dollar Im entitled to for his negligence and egregious behavior. I move back home with my parents for the time being an hour away from my town. Currently Im commutting to work Ill wait as long as needed with my main goal of making him pay as much money as possible for screwing me harder then anyone can imagine. Best course of action meaning should I demand it now or wait another week or so it would be over a month and he didnt return it?
Asked by Joe B about Law Ethics
Take him to small claims court.
Answered by DaLady
Eat Funyuns.
Answered by SJP Looks A Foot
Your wording is so prissy and legalistic its hard to tell what happened. BTW a check bounces it doesnt balance. It makes no sense that you have to wait for return of the security deposit to search for housing. Where should you live in the interim a homeless shelter? Small Claims Court is your best bet if the landlord still owes you money. I would suggest that you use straightforward English there.
Answered by ouragon
I think your best course of action is dependent on how badly you want to hurt another individual. It sounds to me like the guy got screwed himself by the mortgage company and must be hurting for money otherwise the check would not have bounced. I agree he should have been much more upfront with you regarding the circumstances and he should not have given you a check that would not clear. My guess is even if you take him to court he wont pay. I would suggest talking to him and explaining that your next step is court but that you would rather handle this situation by just receiving what you are owed. That is your security deposit plus the fee he cost you and whatever else he cost you that I do not know about. It is always easier and much more cost effective to settle outside of a court setting without the cost of lawyers etc. However If this does not work get a lawyer and sue the hell out of him. Good Luck
Answered by Michael
while i am not sure about the law in n.j. i know that most states will award damages to you for any expense you have been out and a refund of all the money which you paid him including the o.d. charge from the bank. you may also be entitled to losses you may have obtained while seeking a new residence to live. all and any expense incurred. i would be of the opinion that you need to go see your county attorney about this matter and take all documentation which you may have concerning this subject with you. i am sure based on your statement you will receive a judgment against him. good luck with this matter. the dj man said that a former landlord and presently a city commissioner
Answered by DJ-MAN
No comments:
Post a Comment