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Help! Issue serving summons to Landlord as he lives in another country!

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tenant2009

Junior Member
Help! Issue serving summons to Landlord living in another country ($10k at stake)!

What is the name of your state (only U.S. law)? N.J.

Facts of my case:

1) Landlord is a US citizen but lives in India temporarily . Owns a property in NJ, that I found thru a realtor.
2) Lease signed for a year. Put down $5000 security deposit via a normal check (equal to 2 months rent, being unaware of the 1.5 month's maximum at the time)
3) Lease has an 'addendum' that provided the contact numbers of the landlord's brother who lives in the neighborhood (this is where I drop off the initial few month's rent)
4) After a few months, pay rent monthly via electronic transfer to landlord's bank account.
5) After a year in the house, mutually agreed via email to extend lease by 6 months .
6) 3 months into the extension, landlord visits the US and requests that I move out of the house in 2 months as he plans to move back to this country.
7) Eventually after negotiating thru email, move out 15 days before 6 month extension is complete. Return keys to landlord's brother.
8) Email Landlord who begins delaying inspection of property and return of deposit, claiming I didn't 'take care' of his home.
9) 45 days out, landlord (who is still in India) still refuses to pay back deposit or have inspection done, claiming he will come to the US and do it 'personally'
10) I file a special civil complaint (suing for double the security deposit: $10000) but summons are returned because landlord doesn't live at the property address he owns.
11) 60 days out, I find out thru a third party that the same realtor who had rented me property has already inspected the property and re-rented the property for 2 years.
12) 90 days out, email landlord again about his intentions on returning deposit and he claims he is adding up the 'serious' damages I caused to his house.

Questions:
  • Do I have a strong case since the deposit should be returned within 30 days or atleast a list of damages be provided ?
  • How do I get the summons served to him?
  • Can I serve the landlord at his brother's address?
  • Can I include the brother in the suit too, although his involvement is to the extent of collecting the rent and the keys at the end

Thanks in advance for your help and advice!!
 
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FlyingRon

Senior Member
Most NJ jurisdictions are very tenant friendly (I can tell you having been a landlord in Highland Park). He's clearly in violation, he only has 30 days from move out to give you an itemized list or the money. You might check with the township/borough. They can often throw a monkey wrench into things in your favor.

Point out, that if you take him to court, they will award you TWICE the security deposit (and it would appear you have a slam dunk case).

LSNJLAW - D: Chapter 3: Security Deposits
 

tenant2009

Junior Member
Thanks for your response FlyingRon. I did email him about pursuing a 'legal route' to get my deposit back but he seems to be un-deterred. My main problem is serving him the court summons since I don't have any address apart from the property address (where I know he doesn't live), that's why I was wondering if I could drag his brother into this process?
 

Mrs. D

Member
Who signed the lease on the LL side? LL, Real Estate as "agent," someone else?

What did addendum about brother say? That he was an "emergency contact" or an "agent" of the LL?

Is the LL still in India right now?
 

tenant2009

Junior Member
Who signed the lease on the LL side? LL, Real Estate as "agent," someone else?

What did addendum about brother say? That he was an "emergency contact" or an "agent" of the LL?

Is the LL still in India right now?
1) I don't know if this is a problem, but I looked at a copy of my lease provided by the realtor at the time and it didn't have the LL's signature except on one of the addendum pages. (Yes I was stupid not to pay attention to this earlier. I am hoping that my bank statements, moving company receipts, utilities etc. would prove when I occupied the property and when I moved.)

2) Brother is listed a "emergency contact"

3) Yes LL still in India still
 

Mrs. D

Member
Well, I guess my point is that you can also sue "agents" of the LL. I don't think the brother could rightly be considered an "agent" if he was simply mentioned as an emergency contact (that would be akin to suing a maintenance company over the return of SD, IMO).

Have you tried talking to someone at the court or even an attorney to find out the best route for service? For $10K, a little bit of attorney fees (also recoverable, BTW) to get some legal advice on a tricky issue is probably worth it.

Just an aside, the small claims court can only handle cases up to $5K except in Union County ($10K there, and it's not really SC court), so you might want to make sure you file in the right place in order to recover the full amount due (and all the more reason to get an attorney, since this might end up being a regular civil case).

As for the unsigned lease issue...you paid by regular check and then electronic withdrawal. GET RECORDS for all those payments from your bank, including the SD (copies of canceled checks and records of where the electronic transfers went). That should prove who you paid the SD/rent to and when.
 

tenant2009

Junior Member
Well, I guess my point is that you can also sue "agents" of the LL. I don't think the brother could rightly be considered an "agent" if he was simply mentioned as an emergency contact (that would be akin to suing a maintenance company over the return of SD, IMO).

Have you tried talking to someone at the court or even an attorney to find out the best route for service? For $10K, a little bit of attorney fees (also recoverable, BTW) to get some legal advice on a tricky issue is probably worth it.

Just an aside, the small claims court can only handle cases up to $5K except in Union County ($10K there, and it's not really SC court), so you might want to make sure you file in the right place in order to recover the full amount due (and all the more reason to get an attorney, since this might end up being a regular civil case).

As for the unsigned lease issue...you paid by regular check and then electronic withdrawal. GET RECORDS for all those payments from your bank, including the SD (copies of canceled checks and records of where the electronic transfers went). That should prove who you paid the SD/rent to and when.
Thanks again Mrs D. Filed in "Special civil" as the small claims limit was $5000. Spoke to an attorney who also thought getting the LL served (and eventually collecting on the judgment) was the bigger issue. Is it really unwise to try to represent oneself in "special civil" ? (which has a limit of $15000)

I thought could retain an attorney once I see what action the LL took based on my complaint. Any recommendations for a good attorney ? Don't mind paying upto 25-35% of my winnings provide I get double my SD back.
 
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tenant2009

Junior Member
recs for good attorney in NJ?

Anyone have recs for a reasonable real estate attorney in middlesex county NJ? I could use professional help.
 

acmb05

Senior Member
Thanks again Mrs D. Filed in "Special civil" as the small claims limit was $5000. Spoke to an attorney who also thought getting the LL served (and eventually collecting on the judgment) was the bigger issue. Is it really unwise to try to represent oneself in "special civil" ? (which has a limit of $15000)

I thought could retain an attorney once I see what action the LL took based on my complaint. Any recommendations for a good attorney ? Don't mind paying upto 25-35% of my winnings provide I get double my SD back.
When you sue ask that your attorney fees be paid also. That way you get it all
 

Mrs. D

Member
From my scan of the rules, it appeared that "special civil" was a division of small claims, with the same limits. From your description it's not, it provides for a larger dollar limit to claims than regular SC, and it appears that you have filed in the right place. Outside of the service issue, your case is straightforward. I would look for an attorney that will charge a straight fee to help you figure out how to serve the LL/his agents, tack that fee onto the suit, and don't worry about too much more unless LL starts filing countersuits. Outside of actually serving the LL (or someone) this boils down to "when did you move out...why didn't you return SD in time allowed?" He's so far beyond the 30 days now that he can't claim many of the BS's, like you moved out early and he still had time, there were complications, and the mail was delayed. Still, never hurts to be prepared with evidence of the conversation about moving out early, evidence of conversations since move-out, evidence of rent/SD payments, and evidence of the condition upon move-out (if you have it). I, personally, wouldn't pay someone for gathering this evidence or explaining it to someone, but having an attorney is your right and your choice.
 

tenant2009

Junior Member
Again appreciate all the responses. All the evidence of conversations with the LL are on email . I assume emails (even though they are on gmail and yahoo accounts) would be admissible to prove my case.
 

Mrs. D

Member
E-mails are not given the same weight as certified mail, or even regular mail, but they can be used as evidence. I have used e-mails as evidence in a small claims suit before. Basically, my goal was to prove that my roommate acknowledged responsibility for unpaid rent and bills, which she did via e-mail (I had also sent her notice of the money due via certified mail, but the e-mails showed a response, which was helpful since the bills were not subject to a written agreement). Since she responded and the acknowledgment was very clear, the magistrate said it showed clear responsibility.

There are several "issues" with e-mail. First, proving that the e-mail address belongs to the person in question. It's rather easy to set up a "free" e-mail account and plug in anyone's name. Second, date stamps, which can be messed with. That's why corroboration is typically important for e-mail communication. In my case, the corroboration was the certified letter, the bills and lease (rent amount), and documentation of a history of payment from prior months.

I think that here the biggest thing you're trying to prove is that the LL withheld the deposit without following the proper procedures. The e-mails show that he intended to withhold your deposit and hasn't yet prepared a statement of deductions. The corroborative evidence for this is that you don't have your deposit or a statement of deductions, several months later. If LL wishes to dispute this, then it would be up to him to show that he mailed something to you within the time frame allowed.

The only other issue is the lease terms/move-out date. Even though your original lease is not signed by the LL, it is corroboration of the e-mail communications you had regarding that lease. The additional 6 months and the request to move out early were all done by e-mail. I would try to find some corroboration of this, as then it nips right in the bud any question about whether you provided proper notice, broke a lease, etc.
 

tenant2009

Junior Member
Great advice Mrs. D! Right now I am just worried about getting the LL served. Have spoken to 2 attorneys since posting this thread and neither of them could convince me that they could get him served. Both said that its a "problem" serving and collecting the judgment and didn't have anything concrete to say till I paid them a $2500 retainer for a $350 hourly fee. Neither would "guarantee" or even assure me that I had a good of chance of success. Oh well, waiting for the right attorney now.

The LL's shielded from his legal responsibilities because of his absence. I didn't know you could do that! Its not looking good for now.
 

rowz

Member
I have been in NJ Special Civil part twice and feel able to provide some input.

While you are allowed to go pro-se in SCC, the judges are loathe to allow you to proceed, especially so when the "other side" has an attorney. Those judges realize that "pre-se" can quickly get into dangerous waters and want to avoid appeals down the road.

I suggest that you go to the local real estate tax depratment and see how/by whom the taxes are being paid, then the building department to see to whom the Certificate Of Occupancy [if required] is issued to try and discern who is the responsible/contact party from the municipalities perpsective. You may get some clues there.

After all that, I would go and file in the Special Civil Court. they will want an address, and that is why you need to do the above. If they accept the filing they will issue a court date & serve all the parties. Use the time to gather all your evidence, witnesses, documents etc.

If you do get to Court and the other party does not make an appearance [in person or by representation] then the Court will very likely [if your evidence is clear and strong enough] issue a judgement. If there is representation, then at that time, you can ask for a continuance in order to obtain legal counsel.

Bingo! you have saved some time and a good bit of legal fees and gotten your case off the ground and the lawyer you retain can continue on your behalf. This process has worked well for me in 2 occasions in the past 4 years.

Good luck and let me know how it works out.
 

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